(Repealed by Ord. 1-2024)

These guidelines provide sufficient guidance relating to new developments to enhance an area and provide sufficient services. (Ord. 6-2001 § 1)

The design guidelines provided in this article protect the city by requiring sufficient access, circulation, landscaping, parking, etc., that not only provides sufficient services, but also buffers uses and creates livable and accessible neighborhoods. (Ord. 6-2001 § 1)

All developments within the city must comply with the provisions of Chapters 19.160 through 19.169 FMC. Some developments, such as major projects requiring land division and/or site design review approval, may require detailed findings demonstrating compliance with each chapter of the code. For smaller, less complex projects, fewer code provisions may apply. Though some projects will not require land use or development permit approval, they are still required to comply with the provisions of this article. (Ord. 6-2001 § 1)

The city’s development design standards are contained in both Article II (Land Use Districts) and Article III (Design Standards). It is important to review both articles, and all relevant code sections within the articles, to determine which standards apply. The city may prepare checklists to assist property owners and applicants in determining which sections apply.

A. Article II. Each land use district provides design standards that are specifically tailored to the district. For example, the residential district contains building design guidelines that are different than those provided in the town center commercial district, due to differences in land use, building types, and compatibility issues. In addition, each district provides special standards that are meant to address the impacts or characteristics of certain land uses.

B. Article III. The design standards contained within the following chapters apply throughout the city, for all land use types:

19.162 – Access and Circulation.

19.163 – Landscaping, Street Trees, Fences and Walls.

19.164 – Vehicle and Bicycle Parking.

19.165 – Public Facilities Standards.

19.170 – Sign Regulations. (Ord. 6-2001 § 1)

The purpose of this chapter is to ensure that developments provide safe and efficient access and circulation, for pedestrians and vehicles. FMC 19.162.020 provides standards for vehicular access and circulation. FMC 19.162.030 provides standards for pedestrian access and circulation. Standards for transportation improvements are provided in Chapter 19.165 FMC. (Ord. 6-2001 § 1)

A. Intent and Purpose. The intent of this section is to manage vehicle access to development through a connected street system, while preserving the flow of traffic in terms of safety, roadway capacity, and efficiency. Access shall be managed to maintain an adequate “level of service” and to maintain the “functional classification” of roadways as required by the city’s transportation system plan. Major roadways, including highways, arterials, and collectors, serve as the primary system for moving people and goods. “Access management” is a primary concern on these roads. Local streets and alleys provide access to individual properties. If vehicular access and circulation are not properly designed, these roadways will be unable to accommodate the needs of development and serve their transportation function. This section attempts to balance the right of reasonable access to private property with the right of the citizens of the city and the state of Oregon to safe and efficient travel. It also requires all developments to construct planned streets (arterials and collectors) and to extend local streets.

To achieve this policy intent, state and local roadways have been categorized in the transportation system plan by function and classified for access purposes based upon their level of importance and function (see Chapter 19.165 FMC). Regulations have been applied to these roadways for the purpose of reducing traffic accidents, personal injury, and property damage attributable to access systems, and to thereby improve the safety and operation of the roadway network. This will protect the substantial public investment in the existing transportation system and reduce the need for expensive remedial measures. These regulations also further the orderly layout and use of land, protect community character, and conserve natural resources by promoting well-designed road and access systems and discouraging the unplanned subdivision of land.

B. Applicability. This section shall apply to all public streets within the city and to all properties that abut these streets.

C. Access Permit Required. Access to a public street requires an access permit in accordance with the following procedures:

1. Permits for access to city streets shall be subject to review and approval by the city engineer based on the standards contained in this chapter, and the provisions of the transportation standards. An access permit may be in the form of a letter to the applicant, or it may be attached to a land use decision notice as a condition of approval. In either case, an access permit will be reviewed consistent with the procedures required for the complementary development permit. If no development permit is requested, the access permit shall be reviewed consistent with a Type III process.

2. Permits for access to state highways shall be subject to review and approval by the Oregon Department of Transportation (ODOT), except when ODOT has delegated this responsibility to the city or Multnomah County. In that case, the city or county shall determine whether access is granted based on its adopted standards.

3. Permits for access to county highways shall be subject to review and approval by Multnomah County, except where the county has delegated this responsibility to the city, in which case the city shall determine whether access is granted based on adopted county standards.

D. Traffic Study Requirements. The city may require a traffic study prepared by a qualified professional to determine access, circulation and other transportation requirements.

A traffic study must be provided for any proposed development that includes more than 10 dwellings or generates at least 100 vehicle trips per day. The traffic study shall include those adjacent intersections that will receive more than 50 vehicle trips per day.

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.

E. Conditions of Approval. The city may require the closing or consolidation of existing curb cuts or other vehicle access points, recording of reciprocal access easements (i.e., for shared driveways), development of a frontage street, installation of traffic control devices, and/or other mitigation as a condition of granting an access permit, to ensure the safe and efficient operation of the street. When obtaining access to off-street parking areas (both to and from), backing onto a public street shall not be permitted, except for residential driveways serving single-unit, duplex, triplex and quadplex lots.

F. Access Options. When vehicle access is required for development (i.e., for off-street parking, delivery, service, drive-through facilities, etc.), access shall be provided by one of the following methods. These methods are “options” to the developer/subdivider, unless one method is specifically required by “Special Standards for Certain Uses.” A minimum of 10 feet per lane is required.

1. Option 1. Access is from an existing or proposed alley or mid-block lane. If a property has access to an alley or lane, direct access to a public street is not permitted.

2. Option 2. Access is from a private street or driveway connected to an adjoining property that has direct access to a public street (i.e., “shared driveway”). A public access easement covering the driveway shall be recorded in this case to assure access to the closest public street for all users of the private street/drive.

3. Option 3. Access is from a public street adjacent to the development parcel. If practicable, the owner/developer may be required to close or consolidate an existing access point as a condition of approving a new access. Street accesses shall comply with the access spacing.

4. Subdivisions Fronting onto an Arterial Street. New residential subdivisions fronting onto an arterial street shall be required to provide alleys or secondary (local or collector) streets for access to individual lots. When alleys or secondary streets cannot be constructed due to topographic or other physical constraints, access may be provided by consolidating driveways for clusters of two or more lots (e.g., includes flag lots and mid-block lanes).

5. Double-Frontage Lots. When a lot has frontage onto two or more streets, access shall be provided first from the street with the lowest classification. For example, access shall be provided from a local street before a collector or arterial street. Except for corner lots, the creation of new double-frontage lots shall be prohibited in the residential district, unless topographic or physical constraints require the formation of such lots. When double-frontage lots are permitted in the residential district, a landscape buffer with trees and/or shrubs and ground cover not less than 20 feet wide shall be provided between the back yard fence/wall and the sidewalk or street; maintenance shall be assured by the owner (i.e., through homeowners association, etc.).

Important cross-references to other code sections: Provisions in Articles II and III of this title may require buildings placed at or near the front property line and driveways and parking areas oriented to the side or rear yard. The city may require the dedication of public right-of-way and construction of a street (e.g., frontage road, alley or other street) when the development impact is proportionate to the need for such a street, and the street is identified by the Comprehensive Plan or an adopted local streets plan. (Please refer to the transportation standards in Chapter 19.165 FMC.)

G. Access Spacing. Access spacing ensures safe connections to local and arterial streets. Driveway accesses shall be separated from other driveways and street intersections in accordance with the following standards and procedures:

1. Local Streets. A minimum of 50 feet separation (as measured from the sides of the driveway/street) shall be required on local streets (i.e., streets not designated as collectors or arterials), except as provided in subsection (G)(3) of this section.

2. Arterial and Collector Streets. Access spacing on collector and arterial streets, and at controlled intersections (i.e., with four-way stop sign or traffic signal) shall be determined based on the policies and standards contained in the city’s transportation system plan. Access to Interstate 84 is subject to the jurisdiction of ODOT.

3. Special Provisions for All Streets. Direct street access may be restricted for some land uses, in conformance with the provisions of Chapters 19.20 through 19.155 – Land Use Districts. For example, access consolidation, shared access, and/or access separation greater than that specified by subsections (G)(1) and (G)(2) of this section may be required by the city, county or ODOT for the purpose of protecting the function, safety and operation of the street for all users. (See subsection I of this section.) Where no other alternatives exist, the permitting agency may allow construction of an access connection along the property line farthest from an intersection. In such cases, directional connections (i.e., right in/out, right in only, or right out only) may be required.

H. Number of Access Points. Reducing the number of access points on a street provides pedestrians fewer obstructions, fewer points at which automobile traffic crosses the sidewalk, and fewer opportunities for conflicts between through traffic and vehicles using access points.

For single-unit detached, one street access point is permitted per lot, when alley access cannot otherwise be provided.

I. Shared Driveways. Shared driveways serve to reduce impermeable surfaces, reduce visual blight associated with large expanses of pavement, and provide more linear curb space for on-street parking.

The number of driveway and private street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots where feasible. The city shall require shared driveways as a condition of land division or site design review, as applicable, for traffic safety and access management purposes in accordance with the following standards:

1. Shared driveways and frontage streets may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall be stubbed to adjacent developable parcels to indicate future extension. “Stub” means that a driveway or street temporarily ends at the property line, but may be extended in the future as the adjacent parcel develops. “Developable” means that a parcel is either vacant or it is likely to receive additional development (i.e., due to infill or redevelopment potential).

2. Access easements (i.e., for the benefit of affected properties) shall be recorded for all shared driveways, including pathways, at the time of final plat approval or as a condition of site development approval.

3. Exception. Shared driveways are not required when existing development patterns or physical constraints (e.g., topography, parcel configuration, and similar conditions) prevent extending the street/driveway in the future.

J. Figure 19.162.020.J provides examples of street layout and connectivity.

Figure 19.162.020.J – Street Connectivity and Formation of Blocks

K. Street Connectivity and Formation of Blocks Required. In order to promote efficient vehicular and pedestrian circulation throughout the city, land divisions and large site developments shall produce complete blocks bounded by a connecting network of public and/or private streets, in accordance with the following standards:

1. Mixed-use and residential development proposed on sites five acres or greater must submit a site plan that identifies conceptual street connections that are consistent with the transportation system plan.

2. Block Length and Perimeter. The maximum block length and perimeter shall not exceed:

a. Five hundred thirty feet length and 1,600 feet perimeter in the residential district;

b. Two hundred feet length and 1,200 feet perimeter in the town center commercial district, except as provided by FMC 19.65.050, Block layout;

c. Three hundred feet length and 1,200 feet perimeter in the corridor commercial district and neighborhood commercial;

d. Not applicable to the general industrial district; and

e. Seven hundred feet length and 1,700 feet perimeter in the light industrial district, except as required for commercial developments subject to FMC 19.80.060(F).

3. Street Standards. Public and private streets shall also conform to FMC 19.165.020, Transportation standards, FMC 19.162.030, Pedestrian access and circulation, and applicable Americans with Disabilities Act (ADA) design standards.

4. A variance to street spacing standards may be granted pursuant to FMC 19.520.030 (Class B variances) when resources are present that are mapped on the Natural Resources Map, where street spacing can be achieved at a minimum of 800 feet and no greater than 1,200 feet.

5. Exception. Exceptions to the above standards may be granted when blocks are divided by one or more pathway(s), where spacing is no more than 330 feet as measured from the right-of-way or easement line and in conformance with the provisions of FMC 19.162.030(A). Pathways shall be located to minimize out-of-direction travel by pedestrians and may be designed to accommodate bicycles.

L. Driveway Openings. All driveway openings must comply with the “Standard Specifications for Public Works Construction,” pages 53 – 55. Driveway openings or curb cuts shall be within the minimum width necessary to provide the required number of vehicle travel lanes (10 feet for each travel lane). The following standards (i.e., as measured where the front property line meets the sidewalk or right-of-way) are required to provide adequate site access, minimize surface water runoff, and avoid conflicts between vehicles and pedestrians:

1. Single-unit dwelling, duplex, triplex, quadplex, and townhouse uses shall have a minimum driveway width of 10 feet, and a maximum width of 24 feet, except that one recreational vehicle pad driveway may be provided in addition to the standard driveway for lots containing more than 10,000 square feet of area.

2. Multiple-unit uses and cottage clusters with between four and seven dwelling units shall have a minimum driveway width of 20 feet, and a maximum width of 24 feet.

3. Multiple-unit uses and cottage clusters with more than eight dwelling units, and off-street parking areas with 16 or more parking spaces, shall have a minimum driveway width of 24 feet, and a maximum width of 30 feet.

4. Access widths for all other uses shall be based on 10 feet of width for every travel lane, except that driveways providing direct access to parking spaces shall conform to the parking area standards in Chapter 19.164 FMC, Vehicle and Bicycle Parking.

5. Driveway Aprons. Driveway aprons (when required) shall be constructed of concrete and shall be installed between the street right-of-way and the private drive, as shown above. Driveway aprons shall conform to ADA standards for sidewalks and pathways, which require a continuous route of travel that is a minimum of three feet in width, with a cross slope not exceeding two percent.

Figure 19.162.020.L – Examples of Acceptable Driveway Openings Next to Sidewalks/Pathways

M. Fire Access and Parking Area Turnarounds. A fire equipment access drive shall be provided for any portion of an exterior wall of the first story of a building that is located more than 150 feet from an existing public street or approved fire equipment access drive. Parking areas shall provide adequate aisles or turnaround areas for service and delivery vehicles so that all vehicles may enter the street in a forward manner. For requirements related to cul-de-sacs, please refer to Chapter 19.165 FMC.

N. Vertical Clearances. Driveways, private streets, aisles, turnaround areas and ramps shall have a minimum vertical clearance of 13 feet 6 inches for their entire length and width.

O. Vision Clearance. No signs, structures or vegetation in excess of three feet in height shall be placed in “vision clearance areas,” as shown above. The city engineer upon finding that more sight distance is required may increase the minimum vision clearance area (i.e., due to traffic speeds, roadway alignment, etc.).

Figure 19.162.020.O – Vision Clearance Areas

P. Construction. The following development and maintenance standards shall apply to all driveways and private streets:

1. Surface Options. Driveways, parking areas, aisles, and turnarounds may be paved with asphalt, concrete or comparable surfacing, or a durable nonpaving material may be used to reduce surface water runoff and protect water quality. Paving surfaces shall be subject to review and approval by the city engineer.

2. Surface Water Management. When a paved surface is used, all driveways, parking areas, aisles and turnarounds shall have on-site collection or infiltration of surface waters to eliminate sheet flow of such waters onto public rights-of-way and abutting property. Surface water facilities shall be constructed in conformance with city standards.

3. Driveway Aprons. When driveway approaches or “aprons” are required to connect driveways to the public right-of-way, they shall be paved with concrete surfacing (see also subsection L of this section). (Ord. 1-2024 § 1 (Att. A); Ord. 2-2017 § 1 (Exh. A); Ord. 5-2009 § 2 (Att. 1); Ord. 6-2001 § 1)

The standards presented in this code provide standards for safe, connected and user-friendly pedestrian connections and pathways that join neighborhoods and buildings within a development.

A. Pedestrian Access and Circulation. To ensure safe, direct and convenient pedestrian circulation, all developments, except residential development four units or less, townhomes and cottage clusters, shall provide a continuous pedestrian and/or multi-use pathway system. (Pathways only provide for pedestrian circulation. Multi-use pathways accommodate pedestrians and bicycles.) The system of pathways shall be designed based on the standards in subsections (A)(1) through (5) of this section:

1. Continuous Pathways. The pathway system shall extend throughout the development site, and connect to all future phases of development, adjacent trails, public parks and open space areas.

2. Safe, Direct, and Convenient Pathways. Pathways within developments shall provide safe, reasonably direct and convenient connections between primary building entrances and all adjacent streets, based on the following definitions:

a. “Reasonably direct” means a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users.

b. “Safe and convenient” means bicycle and pedestrian routes that are reasonably free from hazards and provide a reasonably direct route of travel between destinations.

c. For commercial, industrial, mixed use, public, and institutional buildings, the “primary entrance” is the main public entrance to the building. In the case where no public entrance exists, street connections shall be provided to the main employee entrance.

d. For residential buildings the “primary entrance” is the front door (i.e., facing the street). For multi-unit buildings in which each unit does not have its own exterior entrance, the “primary entrance” may be a lobby, courtyard or breezeway, which serves as a common entrance for more than one dwelling.

3. Connections Within Development. For all developments subject to site design review, pathways shall connect all building entrances to one another. In addition, pathways shall connect all parking areas, storage areas, recreational facilities and common areas (as applicable), and adjacent developments to the site, as applicable.

a. Pedestrian connections shall be located throughout the parking lot, and shall connect at a minimum the following:

i. Building entrances;

ii. Existing or planned pedestrian facilities in the adjacent public rights-of-way;

iii. Transit stops; and

iv. Accessible parking spaces.

4. Street Connectivity. Pathways (for pedestrians and bicycles) shall be provided at or near midblock where the block length exceeds the length required by FMC 19.162.020. Pathways shall also be provided where cul-de-sacs or dead-end streets are planned, to connect the ends of the streets together, to other streets, and/or to other developments, as applicable. Pathways used to comply with these standards shall conform to all of the following criteria:

a. Multi-use pathways (i.e., for pedestrians and bicyclists) are no less than 10 feet wide and located within a 20-foot-wide right-of-way or easement that allows access for emergency vehicles.

b. If the streets within the subdivision or neighborhood are lighted, the pathways shall also be lighted.

c. Stairs or switchback paths using a narrower right-of-way/easement may be required in lieu of a multi-use pathway where grades are steep.

d. The city may require landscaping within the pathway easement/right-of-way for screening and the privacy of adjoining properties.

e. The hearings body or planning director may determine, based upon facts in the record, that a pathway is impracticable due to: physical or topographic conditions (e.g., freeways, railroads, extremely steep slopes, sensitive lands, and similar physical constraints); buildings or other existing development on adjacent properties that physically prevent a connection now or in the future, considering the potential for redevelopment; and sites where the provisions of recorded leases, easements, covenants, restrictions, or other agreements recorded as of the effective date of this code prohibit the pathway connection.

5. Connections to Other Facilities. Proposed pathways shall be located to provide access to existing or planned commercial services and other neighborhood facilities, such as schools, shopping areas and park and transit facilities. To the greatest extent possible, access shall be reasonably direct, providing a route or routes that do not deviate unnecessarily from a straight line or that do not involve a significant amount of out-of-direction travel.

Figure 19.162.030.A – Pedestrian Pathway System for Multi-Unit Development (Typical)

B. Design and Construction. Pathways shall conform to all of the standards in subsections (B)(1) through (B)(5) of this section:

1. Vehicle/Pathway Separation. Where pathways are parallel and adjacent to a driveway or street (public or private), they shall be raised six inches and curbed, or separated from the driveway/street by a five-foot minimum strip with bollards, a landscape buffer, or other physical barrier. If a raised path is used, the ends of the raised portions must be equipped with curb ramps.

2. Housing/Pathway Separation. Pedestrian pathways shall be separated a minimum of five feet from all residential living areas on the ground floor, except at building entrances. Separation is measured as measured from the pathway edge to the closest dwelling unit. The separation area shall be landscaped in conformance with the provisions of Chapter 19.163 FMC, Landscaping, Street Trees, Fences and Walls. No pathway/building separation is required for commercial, industrial, public, or institutional uses.

3. Crosswalks. Where pathways cross a parking area, driveway, or street (“crosswalk”), they shall be clearly marked with contrasting paving materials, humps/raised crossings.

4. Pathway Surface. Pathway surfaces shall be concrete, asphalt, brick/masonry pavers, or other durable surface, at least five feet wide, and shall conform to ADA requirements. Multi-use paths (i.e., for bicycles and pedestrians) shall be the same materials, at least 10 feet wide. (See also Chapter 19.165 FMC, Transportation Standards for public, multi-use pathway standard.)

5. Accessible Routes. Pathways shall comply with the Americans with Disabilities Act, which requires accessible routes of travel.

Figure 19.162.030.B – Pathway Standards (Typical)

(Ord. 4-2024 § 1 (Att. A); Ord. 1-2024 § 1 (Att. A); Ord. 2-2017 § 1 (Exh. A); Ord. 6-2001 § 1)

The purpose of this chapter is to promote community health, safety and welfare by protecting natural vegetation, and setting development standards for landscaping, street trees, fences and walls. Together, these elements of the natural and built environment contribute to the visual quality, environmental health and character of the community. Trees provide climate control through shading during summer months and wind screening during winter. Trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials also provide vital screening and buffering between land uses. Landscaped areas help to control surface water drainage and can improve water quality, as compared to paved or built surfaces.

The chapter is organized into the following sections:

19.163.020, Landscape Conservation. This section prevents the indiscriminate removal of significant trees and other vegetation, including vegetation associated with streams, wetlands and other protected natural resource areas. This section cross-references Chapter 19.106 FMC, which regulates development of sensitive lands.

19.163.030, New Landscaping. This section sets standards for and requires landscaping of all development sites that require site design review. This section also requires buffering for parking and maneuvering areas, and between different land use districts. Note that other landscaping standards are provided in Article II of this title, Land Use Districts, for specific types of development.

19.163.040, Street Trees. This section sets standards for and requires planting of trees along all streets for shading, comfort and aesthetic purposes.

19.163.050, Fences and Walls. This section sets standards for new fences and walls, including maximum allowable height and materials, to promote security, personal safety, privacy, and aesthetics. (Ord. 3-2012 § 6; Ord. 6-2001 § 1)

A. Applicability. All development sites containing significant vegetation, as defined below, shall comply with the standards of this section. The purpose of this section is to incorporate significant native vegetation into the landscapes of development and protect vegetation that is subject to requirements of the significant environmental concern and riparian buffer overlay zones, Chapter 19.106 FMC. The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks, and allows for water conservation due to larger plants having established root systems.

B. Significant Vegetation. “Significant vegetation” means:

1. Significant Trees and Shrubs. Individual trees and shrubs with a trunk diameter of six inches or greater, as measured four feet above the ground (DBH), and all plants within the drip line of such trees and shrubs, shall be protected.

2. Sensitive Lands. Trees and shrubs on sites that have been designated as “sensitive lands,” in accordance with Chapter 19.106 FMC, Natural Resource Regulations, and Chapter 19.105 FMC, Floodplain Overlay (e.g., due to slope, natural resource areas, wildlife habitat, etc.) shall be protected.

3. Exception. Protection shall not be required for plants listed as non-native, invasive plants by the Oregon State University Extension Service in the applicable OSU bulletins for Multnomah County.

C. Mapping and Protection Required. Significant vegetation shall be mapped as required by this code. Significant trees shall be mapped individually and identified by species and size (diameter at four feet above grade, or “DBH”). A “protection” area shall be defined around the edge of all branches (drip-line) of each tree (drip lines may overlap between trees). The city also may require an inventory, survey, or assessment prepared by a qualified professional when necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements.

D. Protection Standards. All of the following protection standards shall apply to significant vegetation areas:

1. Protection of Significant Trees. Significant trees identified as meeting the criteria in subsection (B)(1) of this section shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable land use district.

2. Sensitive Lands. Sensitive lands shall be protected in conformance with the provisions of Chapters 19.105 and 19.106 FMC.

3. Conservation Easements and Dedications. When necessary to implement the Comprehensive Plan, the city may require dedication of land or recordation of a conservation easement to protect sensitive lands, including groves of significant trees. This will be addressed on a case by case basis. (Ord. 3-2012 § 6; Ord. 6-2001 § 1)

A. Applicability. This section shall apply to all developments.

B. Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, except as approved by the city for installation of utilities or streets. Such approval shall only be granted after finding that there is no other reasonable alternative to avoid the protected area, and any required mitigation is provided in conformance with Chapter 19.105 FMC, Floodplain Overlay and Chapter 19.106 FMC, Natural Resource Regulations.

C. Exemptions. The protection standards in FMC 19.163.020(D) shall not apply in the following situations:

1. Dead, Diseased, and/or Hazardous Vegetation. Vegetation that is dead or diseased, or poses a hazard to personal safety, property or the health of other trees, may be removed. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (C)(2) of this section.

2. Emergencies. Significant vegetation may be removed in the event of an emergency without land use approval when the vegetation poses an immediate threat to life or safety, as determined by the planning director. The planning director shall prepare a notice or letter of decision within 10 days of the tree(s) being removed. The decision letter or notice shall explain the nature of the emergency and be on file and available for public review at City Hall. (Ord. 3-2012 § 6; Ord. 6-2001 § 1)

A. Applicability. This section shall apply to all developments requiring site design review, and other developments with required landscaping.

B. Landscaping Plan Required. A landscape plan is required at the time of design review or other pertinent applications. All landscape plans shall conform to the requirements in FMC 19.420.020 (E), Landscape plans.

C. Landscape Area Standards. The minimum percentage of required landscaping equals:

1. Residential districts: 20 percent of the site.

2. Town center commercial district: five percent of the site.

3. General industrial district: 10 percent of the site.

4. Light industrial district: 10 percent of the site.

5. Corridor commercial district: five percent of the site.

6. Neighborhood commercial district: 10 percent of the site.

D. Landscape Materials. This section provides guidelines that ensure significant vegetation growth and establishment using a variety of size specifications and coverage recommendations.

Landscape materials include trees, shrubs, ground cover plants, nonplant ground covers, and outdoor hardscape features, as described below:

1. Native Vegetation. Native vegetation shall be preserved or planted where practicable.

2. Plant Selection. A combination of deciduous and evergreen trees, shrubs and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. As necessary, soils shall be amended to allow for healthy plant growth.

3. Non-native, invasive plants, as per FMC 19.164.020(B), shall be prohibited.

4. Hardscape features (i.e., patios, decks, plazas, etc.) may cover up to 15 percent of the required landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.

5. Nonplant Ground Covers. Bark dust, chips, aggregate or other nonplant ground covers may be used, but shall cover no more than five percent of the area to be landscaped. “Coverage” is measured based on the size of plants at maturity or after five years of growth, whichever comes sooner.

6. Tree Size. Trees shall have a minimum caliper size of 1.5 inches or greater, or be six feet or taller, at time of planting.

7. Shrub Size. Shrubs shall be planted from one-gallon containers or larger.

8. Ground Cover Size. Ground cover plants shall be sized and spaced so that they grow together to cover a minimum of 80 percent of the underlying soil within three years.

9. Significant Vegetation. Significant vegetation preserved in accordance with FMC 19.163.020 may be credited toward meeting the minimum landscape area standards. Credit shall be granted on a per square foot basis. The street tree standards of FMC 19.163.040 may be waived when trees preserved within the front yard provide the same or better shading and visual quality as would otherwise be provided by street trees.

10. Stormwater Facilities. Stormwater facilities (e.g., detention/retention ponds and swales) shall be landscaped with water tolerant, native plants.

Figure 19.163.030 – Landscape Areas in a Multiple-Unit Development (Typical)

E. Landscape Design Standards. The landscape design standards provide guidelines within setback areas, parking areas, etc.

All yards, parking lots and required street tree planter strips shall be landscaped in accordance with the provisions of this chapter. Landscaping shall be installed with development to provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, based on the following standards:

1. Yard Setback Landscaping. Landscaping shall satisfy the following criteria:

a. Provide visual screening and privacy within side and rear yards; while leaving front yards and building entrances mostly visible for security purposes;

b. Use shrubs and trees as windbreaks, as appropriate;

c. Retain natural vegetation, as practicable;

d. Define pedestrian pathways and open space areas with landscape materials;

e. Provide focal points within a development, such as signature trees (i.e., large or unique trees), hedges and flowering plants;

f. Use trees to provide summer shading within common open space areas, and within front yards when street trees cannot be provided;

g. Use a combination of plants for year-long color and interest;

h. Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales and detention/retention ponds.

2. Parking Areas.

a. A minimum of five percent of the combined area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of an evenly distributed mix of shade trees with shrubs and/or ground cover plants. “Evenly distributed” means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per five parking spaces total shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All landscaped areas shall have minimum dimensions of four feet by four feet to ensure adequate soil, water, and space for healthy plant growth. Where subsection (E)(2)(b) of this section applies, the five percent landscaping standard may be met by the tree canopy.

b. A new development, or modification to an existing development, that adds more than one-half acre of new surface parking shall meet the standards in subsection (E)(2)(c) of this section. This standard applies as follows:

i. New surface parking includes existing parking areas where asphalt is excavated and replaced. Parking areas are not considered ‘new’ if the existing asphalt or pavement is left in place and repaired or resurfaced.

ii. Surface parking shall include the perimeter of all new off-street parking spaces, including maneuvering areas, driveways, drive aisles and interior landscaping. The parking area calculation shall be a cumulative calculation for all parking areas on the development site consisting of one or more contiguous lots upon which development is proposed or exists.

c. The development site must provide for a tree canopy or the installation of solar panels consistent with subsection (E)(2)(c)(i), (ii) or (iii), or (E)(2)(d) of this section.

i. Installation of solar panels with a generation of at least one-half kilowatt per parking space on the property. Panels in commercial, mixed-use and multifamily zoning districts shall be roof mounted where the roof is flat or has south, east or west-facing slopes. Where the roof does not have sufficient area that is flat or on south, east or west facing slopes, to accommodate all of the solar panels, a developer may propose ground-mounted panels that achieve an aesthetic design subject to city approval. In lieu of installing solar panels on the site, a developer may pay $1,500 per new off-street parking space into the Oregon Solar + Storage Rebate Program fund at the Oregon Department of Energy.

ii. Planting trees in the parking area to create a tree canopy that covers at least 40 percent of the parking lot at maturity but not more than 15 years after planting. For the purposes of this tree canopy standard, the parking lot area shall include the area of parking stalls, interior parking lot landscaping, and vehicle maneuvering area and shall not include loading areas, areas designated for outdoor storage (except outdoor storage of vehicles related to vehicle sales, lease or rental uses), and parking lot area covered with solar panels. The following standards shall apply:

(A) Tree canopy coverage shall be calculated based on the total actual crown area of existing trees to remain on the site after development plus the anticipated crown area within the parking area 15 years after planting. For the purposes of the calculation, tree canopy that covers fully enclosed buildings shall not count toward the canopy coverage but tree canopy over carports shall count toward canopy coverage. For the purposes of the calculation, when expected canopies overlap they can be counted twice when the overlap is five feet or less but areas that overlap more than five feet cannot be counted twice. Individual trees planted within interior landscape islands between parking spaces shall not count toward the tree canopy coverage percentage.

iii. A development may comply with this subsection (E)(2)(b) using a combination of actions described in subsections (E)(2)(b)(i) and (ii) of this section that meets the purpose of this section.

(A) Where the development will use a combination of solar panels and tree canopy to comply with this subsection (E)(2)(b), the percentage of parking area provided in tree coverage shall equal the percentage of total parking spaces satisfied by a climate mitigation action. The remaining percentage must be satisfied by the option in subsection (E)(2)(b)(i) of this section on a per-space basis to equal 100 percent (e.g., 20 percent of parking area tree coverage plus 40 percent of spaces solar panels plus 40 percent of spaces fee-in lieu).

iv. The standards for solar panels and tree canopy in subsections (E)(2)(b) and (c) of this section do not apply to development subject to OAR 330-135-0010.

d. A parking lot that does not provide a 40 percent tree canopy under subsection (E)(2)(c) of this section shall meet one of the following two tree planting standards in addition to the required solar panel installation or fee-in-lieu payments:

i. Trees along driveways. For the purposes of this standard, a “driveway” shall mean a vehicular maneuvering area that connects the street to a parking lot and provides connections through a site and to parking lot drive aisles, but that does not provide direct access to parking spaces. For the length of the driveway or driveways, excluding segments that provide access to other vehicular maneuvering areas, the following shall be provided:

(A) Trees planted in groups of three or more in a shared planting area, spaced to provide a continuous canopy based on the anticipated tree crown 15 years after planting, except when interrupted by driveways, drive aisles and other site design considerations.

ii. Trees planted to provide 30 percent tree canopy coverage over the parking lot consistent with the requirements in subsection (E)(2)(c)(ii) of this section.

e. Development of a tree canopy plan under this section shall be done in coordination with the local electrical, water, sewer, and gas utilities, including pre-design, design, building, and maintenance phases. Verification shall be provided to the city prior to land use approval, permit issuance, and final occupancy.

f. Trees planted to meet this standard shall be planted and maintained consistent with 2021 ANSI A300 standards.

3. Buffering and Screening Required. Buffering and screening are required under the following conditions:

a. Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area is adjacent and parallel to a street or driveway, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, or similar screen shall be established parallel to the street or driveway. The required wall or screening shall provide breaks, as necessary, to allow for access to the site and sidewalk by pedestrians via pathways. The design of the wall or screening shall also allow for visual surveillance of the site for security. Evergreen hedges used to comply with this standard shall be a minimum of 36 inches in height at maturity, and shall be of such species, number and spacing to provide the required screening within one year after planting. Any areas between the wall/hedge and the street/driveway line shall be landscaped with plants or other ground cover. All walls shall be maintained in good condition, or otherwise replaced by the owner.

b. Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area, or driveway, is adjacent to a building, the area shall be separated from the building by a raised pathway, plaza, or landscaped buffer no less than four feet in width. Raised curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. When parking areas are located adjacent to residential ground-floor living space, a landscape buffer is required to fulfill this requirement.

c. Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Automobile-Oriented Uses. All mechanical equipment, outdoor storage and manufacturing, and service and delivery areas, shall be screened from view from all public streets and residential districts. Screening shall be provided by one or more of the following: decorative wall (i.e., masonry or similar quality material), evergreen hedge, non-see-through fence, or a similar feature that provides a non-see-through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 19.162 FMC, Access and Circulation. (Ord. 4-2024 § 1 (Att. A); Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The guidelines provided in this section promote healthy street trees and adequate canopy cover to provide shade, reduce stormwater runoff, and improve the appearance of a development.

Street trees shall be planted for all developments that are subject to land division or site design review. Requirements for street tree planting strips are provided in Chapter 19.165 FMC, Public Facility Standards. Planting of unimproved streets shall be deferred until the construction of curbs and sidewalks. Street trees shall conform to the following standards and guidelines:

A. Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care (pruning, watering, fertilization, and replacement as necessary) during the first two years after planting.

B. Assurances. The city shall require the developer to provide a performance and maintenance bond in an amount determined by the city engineer, to ensure the planting of the tree(s) and care during the first two years after planting.

C. Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection:

1. Provide a broad canopy where shade is desired.

2. Use low-growing trees for spaces under utility wires.

3. Select trees which can be “limbed-up” where vision clearance is a concern.

4. Use narrow or “columnar” trees where awnings or other building features limit growth, or where greater visibility is desired between buildings and the street.

5. Use species with similar growth characteristics on the same block for design continuity.

6. Avoid using trees that are susceptible to insect damage, and avoid using trees that produce excessive seeds or fruit.

7. Select trees that are well adapted to the environment, including soil, wind, sun exposure, and exhaust. Drought-resistant trees should be used in areas with sandy or rocky soil.

8. Select trees for their seasonal color, as desired.

9. Use deciduous trees for summer shade and winter sun.

D. Caliper Size. The minimum caliper size at planting shall be 1.5 inches, based on the American Association of Nurserymen Standards.

E. Spacing and Location. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no more than 30 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers.

F. Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged, and may be required when irrigation is not available. Irrigation shall be provided for plants that are not drought-tolerant. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces deciduous tree, etc.). All other landscape features required by this code shall be maintained in good condition, or otherwise replaced by the owner.

G. Additional Requirements. Additional buffering and screening may be required for specific land uses, as identified by Article II of this title, and the city may require additional landscaping through the conditional use permit process. (Ord. 6-2001 § 1)

The fences and walls section provides height limits for construction of new walls. The guidelines prevent walls that reduce pedestrian connectivity and sight clearance. The standards also provide guidelines relating to maintenance.

The following standards shall apply to all fences and walls:

A. General Requirements. All fences and walls shall comply with the standards of this section. The city may require installation of walls and/or fences as a condition of development approval, in accordance with conditional use permits or site design review. Walls built for required landscape buffers shall comply with FMC 19.163.030.

B. Dimensions.

1. The maximum allowable height of fences and walls is six feet, as measured from the lowest grade at the base of the wall or fence, except that retaining walls and terraced walls may exceed six feet when permitted as part of a site development approval, or as necessary to construct streets and sidewalks. A building permit is required for walls exceeding six feet in height, in conformance with the Uniform Building Code.

2. The height of fences and walls within a front yard setback shall not exceed four feet (except decorative arbors, gates, etc.), as measured from the grade closest to the street right-of-way.

3. Walls and fences to be built for required buffers shall comply with FMC 19.163.030.

4. Fences and walls shall comply with the vision clearance standards of FMC 19.162.020.

C. Maintenance. For safety and for compliance with the purpose of this chapter, walls and fences required as a condition of development approval shall be maintained in good condition, or otherwise replaced by the owner.

D. Fences – Recreational Courts. Any recreational court, with the consent of the planning commission, may be enclosed by a wire fence not to exceed 12 feet in height; provided, that no part of the court fence is within 20 feet of any street.

E. Swimming Pool Fences. A swimming pool, or other manmade outside body of water, which has a minimum depth of three and one-half feet shall be enclosed with a fence not less than four feet and not more than six feet in height. The fence shall not have any opening, holes or gaps therein larger than six inches square, except for doors or gates. The fence gates shall be equipped with a self-closing, self-catching device. The dwelling unit and/or accessory building can be used as part of the enclosure.

F. Barbed Wire Fencing. Barbed wire fencing may be permitted for property zoned commercial or industrial when the wire is employed on the top of any other type of fencing, and when the barbed wire is a minimum of six feet above the finished ground surface. Standard barbed wire fencing may be used to enclose property which is zoned agricultural.

G. Electrically Charged or Sharp Pointed Fencing. No electrically charged or sharp pointed fencing (other than barbed wire fencing) shall be constructed or maintained within the city limits except that electrically charged fencing may be permitted when the following standards are met:

1. Allowed only in general industrial, light industrial and agricultural holding zoning districts.

2. The electric fence shall not exceed 10 feet in height and shall be completely surrounded by a nonelectric fence or wall a minimum of six feet in height.

3. A minimum one-foot separation shall be maintained between the electric fence and surrounding nonelectric fence or wall, except at gates/entrances.

4. The fence shall be clearly posted with warning signs that include the statement, “Danger – Electric Fence,” or an equivalent, together with a pictorial warning, at an interval of not more than 30 feet.

5. An approved method to manually disconnect electrical power to all portions of the fence and/or gates shall be provided and approved by the fire chief.

6. All necessary permits shall be obtained prior to installation from the city of Fairview.

H. Critical Facility Security Fences. Notwithstanding subsections (B)(2), (F), and (G) of this section, a facility that is located in any zoning district which is deemed a critical facility for the public health and safety, emergency management or homeland security purposes may include installation of fencing as follows:

1. A facility subject to this provision includes but is not limited to water or sewer pump station, well, public works yard, emergency management and other communications facilities, public safety facilities, flood control structures, public and private utility installations, or water tower or other facility deemed to be a similar use under Chapter 19.480 FMC.

2. Security fencing may not exceed six feet in height surrounding all or a portion of the facility, except that barbed wire, razor wire or other similar measure designed to impede access may be added to the top of a fence not less than six feet in height.

3. The vertical dimension of security measures such as barbed wire located along the top of a fence shall not exceed 18 inches.

4. The combined height of a fence and additional security measures may not exceed seven and one-half feet in height. (Ord. 12-2015 § 2 (Exh. A), 2015; Ord. 5-2011 § 1; Ord. 6-2001 § 1)

The purpose of this chapter is to provide basic and flexible standards for development of vehicle and bicycle parking. The design of parking areas is critically important to the viability of some commercial areas, pedestrian and driver safety, the efficient and safe operation of adjoining streets, and community image and livability. Historically, some communities have required more parking than is necessary for some land uses, paving extensive areas of land that could be put to better use. Because vehicle parking facilities can occupy large amounts of land, they must be planned and designed carefully to use the land efficiently while maintaining the visual character of the community. This chapter also provides standards for bicycle parking because many people use bicycles for recreation, commuting, and general transportation. Children as well as adults need safe and adequate spaces to park their bicycles throughout the community. (Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1)

All developments, including development of parking facilities, shall comply with the provisions of this chapter. (Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 6-2001 § 1)

A. There is no minimum off-street parking requirements for new developments.

B. Parking Location and Shared Parking.

1. Location. Vehicle parking is allowed only on approved parking shoulders (streets), within garages, carports and other structures, or on driveways or parking lots that have been developed in conformance with this code. Specific locations for parking are indicated in Article II of this title for some land uses (e.g., the requirement that parking be located to side or rear of buildings, with access from alleys, for some uses). (See also Chapter 19.162 FMC, Access and Circulation.)

2. Availability of Facilities. Owners of off-street parking facilities may post a sign indicating that all parking on the site is available only for residents, customers and/or employees, as applicable. Signs shall conform to the standards of Chapter 19.170 FMC, Sign Regulations.

3. Carpool/Vanpool Parking. Designated carpool/vanpool spaces shall have preferential placement. The designated carpool/vanpool space shall be nearest to the building entrance, following a sidewalk or other pedestrian route.

C. Maximum Number of Parking Spaces. The number of parking spaces provided shall not exceed the standards in Table 19.164.030(A).

D. Parking Stall Standard Dimensions and Compact Parking Spaces. All off-street parking stalls shall be improved to conform to city standards for surfacing, stormwater management and striping, and provide dimensions in accordance with the following table. Disabled person parking shall conform to the standards and dimensions of this chapter. The number of compact parking spaces shall not exceed 40 percent of all parking spaces provided on site.

Figure 19.164.030.D – Parking Stall Standard Dimensions and Compact Car Parking

E. Variances. Developments may request exceptions to the parking standards; see FMC 19.520.030(A)(4).

Important cross-references: See also Article II of this title, land use district standards; Chapter 19.162 FMC, Access and Circulation; Chapter 19.163 FMC, Landscaping, Street Trees, Fences and Walls; and FMC 19.165.050, Storm drainage.

F. Disabled Person Parking Spaces. All parking areas shall comply with disabled person parking and access standards as required in the building code, including standards for dimensions, location, number of spaces, curb cuts and ramps, and signage and markings.

G. In parking lots three acres and larger intended for use by the general public, pedestrian pathways shall be raised or separated from parking, parking aisles and travel lanes by a raised curb, concrete bumpers, bollards, landscaping or other physical barrier. If a raised pathway is used, curb ramps shall be provided in accordance with the Americans with Disabilities Act accessibility guidelines.

H. Electric Vehicle Conduit. For new multi-unit residential buildings with five or more residential dwelling units, and new mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units, cities shall require the provision of electrical service capacity, to accommodate 40 percent of all vehicle parking spaces. Electrical vehicle conduit shall be provided per the requirements of ORS 455.417(3)(a)(A) (Building Code). (Ord. 3-2025 § 1 (Att. A); Ord. 1-2024 § 1 (Att. A); Ord. 1-2022 § 1 (Att. A); Ord. 2-2017 § 1 (Exh. A); Ord. 3-2010 § 5; Ord. 8-2002 §§ 1 – 3; Ord. 6-2001 § 1)

All uses which are subject to site design review shall provide bicycle parking, in conformance with the following standards, which are evaluated during site design review:

A. Number of Bicycle Parking Spaces. A minimum of two bicycle parking spaces per use is required for all uses with greater than 10 vehicle parking spaces. The following additional standards apply to specific types of development:

1. Multi-unit dwellings shall provide bicycle parking spaces according to the following standards:

a. Short-term bicycle parking shall be provided at a ratio of one bicycle space for every 10 vehicle parking spaces and shall be located within 30 feet of the main entrance to the building, in a location that is easily accessible for bicycles.

b. Long-term bicycle parking shall be provided at a ratio of one bicycle space per dwelling unit. Sheltered bicycle parking spaces may be located within a garage, storage shed, basement, utility room or similar area. In those instances in which the residential complex has no garage or other easily accessible storage unit, the bicycle parking spaces may be sheltered from sun and precipitation under an eave, overhang, an independent structure, or similar cover.

2. Commercial Retail, Office, and Institutional Developments. Commercial retail, office, and institutional developments shall provide bicycle parking spaces according to the following standards:

a. Short-term bicycle parking shall be provided at a ratio of one bicycle space for every 10 vehicle parking spaces and shall be located within 50 feet of the main entrance to the building, in a location that is easily accessible for bicycles.

b. Long-term bicycle parking shall be provided at a ratio of one bicycle space per employee.

3. Schools. Elementary and middle schools, both private and public, shall provide one bicycle parking space for every eight students and employees. High schools shall provide one bicycle parking space for every five students and employees. All spaces shall be long-term spaces sheltered under an eave, overhang, independent structure, or similar cover.

4. Colleges and Trade Schools. Colleges and trade schools shall provide one bicycle parking space for every eight motor vehicle spaces plus one space for every dormitory unit. Fifty percent of the bicycle parking spaces shall be sheltered under an eave, overhang, independent structure, or similar cover.

5. Town Center Commercial District. Within the town center commercial district, bicycle parking for customers shall be provided along the street at a rate of at least one space per use. Individual uses shall provide their own parking, or spaces may be clustered to serve up to six bicycles. Bicycle parking spaces shall be located in front of the stores along the street, either on the sidewalks or in specially constructed areas such as pedestrian curb extensions. Inverted “U” style racks are recommended. Bicycle parking shall not interfere with pedestrian passage, leaving a clear area of at least 36 inches between bicycles and other existing and potential obstructions. Customer spaces may or may not be sheltered. When provided, sheltered parking (within a building, or under an eave, overhang, or similar structure) shall be provided at a rate of one space per 10 employees, with a minimum of one space per store.

6. Multiple Uses. For buildings with multiple uses (such as a commercial or mixed use center), bicycle parking standards shall be calculated by using the total number of motor vehicle parking spaces required for the entire development. A minimum of one bicycle parking space for every 10 motor vehicle parking spaces is required.

B. Exemptions. This section does not apply to single-unit, duplexes, triplexes, quadplexes, townhomes, cottage clusters, home occupations, agriculture and livestock uses, or other developments with fewer than eight vehicle parking spaces.

C. Location and Design. Bicycle parking shall be conveniently located with respect to both the street right-of-way and at least one building entrance (e.g., no farther away than the closest parking space). It should be incorporated whenever possible into building design and coordinated with the design of street furniture when it is provided. Street furniture includes benches, streetlights, planters and other pedestrian amenities.

D. Visibility and Security. Bicycle parking should be visible to cyclists from street sidewalks or building entrances, so that it provides sufficient security from theft and damage.

E. Options for Storage. Bicycle parking requirements for long-term and employee parking can be met by providing a bicycle storage room, bicycle lockers, racks, or other secure storage space inside or outside of the building.

F. Lighting. Bicycle parking shall be at least as well lit as vehicle parking for security.

G. Reserved Areas. Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle parking only.

H. Hazards. Bicycle parking shall not impede or create a hazard to pedestrians. Parking areas shall be located so as to not conflict with vision clearance standards (Chapter 19.162 FMC, Access and Circulation). (Ord. 1-2024 § 1 (Att. A); Ord. 2-2017 § 1 (Exh. A); Ord. 6-2001 § 1)

A. Purpose. The purpose of this chapter is to provide planning and design standards for public and private transportation facilities and utilities. Streets are the most common public spaces, touching virtually every parcel of land. Therefore, one of the primary purposes of this chapter is to provide standards for attractive and safe streets that can accommodate vehicle traffic from planned growth, and provide a range of transportation options, including options for driving, walking, bus transit and bicycling. This chapter is also intended to implement the city’s transportation system plan.

B. When Standards Apply. Unless otherwise provided, the standard specifications for construction, reconstruction or repair of transportation facilities, utilities and other public improvements within the city shall occur in accordance with the standards of this chapter. No development may occur unless the public facilities related to development comply with the public facility requirements established in this chapter. The street cross sections found in the Fairview transportation system plan may be modified to accommodate alternative stormwater management methods in accordance with the adopted stormwater design manual subject to the approval of the public works director. The public works director may require modification of the typical cross section to accommodate alternative stormwater management methods when associated with development proposals. Such modifications may be applied as conditions of development approval.

C. Standard Specifications. The city engineer shall establish standard construction specifications consistent with the design standards of this chapter and application of engineering principles. They are incorporated in this code by reference.

D. Conditions of Development Approval. No development may occur unless required public facilities are in place or guaranteed, in conformance with the provisions of this code. Improvements required as a condition of development approval that require a dedication of property for a public use, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development. Findings in the development approval shall indicate how the required improvements are roughly proportional to the impact of the proposed development on public facilities.

E. Rough Proportionality Report. Where the applicant objects to the imposition of any applicable development standard under this chapter that required a dedication of property for a public use, the applicant must provide a rough proportionality report justifying an alternative level of improvements including:

1. The estimated extent, on a quantitative basis, to which the improvements will be used by persons served by the building or development, whether the use is for safety or convenience;

2. The estimated level, on a quantitative basis, of improvements needed to meet the estimated extent of use by persons served by the building or development;

3. The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the improvements will be a part; and

4. The estimated level, on a quantitative basis, of improvements needed to mitigate the estimated impact on the public infrastructure system. (Ord. 2-2007 § 1(Exh. 1 § 1); Ord. 6-2001 § 1)

Transportation standards are necessary so that the Fairview street system remains intact and well connected. Streets are critical to the connection of neighborhoods, businesses, schools, etc. It is important to regulate roadway sizes, locations and right-of-way dimensions.

The street standards are based directly on the Fairview transportation system plan. Traffic calming measures are addressed in the adopted transportation system plan. The city of Fairview has no formalized traffic-calming plan, but has recently adopted a speed hump management program. The street alignment illustrations used in the proposed code are taken directly from the transportation system plan. (Ord. 6-2001 § 1)

A. Development Standards. No development shall occur unless the development has frontage or approved access to a public street, in conformance with the provisions of Chapter 19.162 FMC, Access and Circulation, and the following standards are met:

1. Streets within or adjacent to a development shall be improved in accordance with the transportation system plan and the provisions of this chapter;

2. Development of new streets, and additional street width or improvements planned as a portion of an existing street, shall be improved in accordance with this section, and public streets shall be dedicated to the applicable city, county or state jurisdiction;

3. New streets and drives connected to a collector or arterial street shall be paved; and

4. The city may accept a future improvement guarantee (e.g., owner agrees not to remonstrate (object) against the formation of a local improvement district in the future) in lieu of street improvements if one or more of the following conditions exist:

a. A partial improvement may create a potential safety hazard to motorists or pedestrians;

b. Due to the developed condition of adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide increased street safety or capacity, or improved pedestrian circulation;

c. The improvement would be in conflict with an adopted capital improvement plan; or

d. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets.

B. Variances. Variances to the transportation design standards in this section may be granted by means of a Class B variance, as governed by Article V of this title, Exceptions to Code Standards. A variance may be granted under this provision only if a required improvement is not feasible due to topographic constraints or constraints posed by sensitive lands Chapter 19.106 FMC.

C. Creation of Rights-of-Way for Streets and Related Purposes. Streets shall be created through the approval and recording of a final subdivision or partition plat; except the city may approve the creation of a street by acceptance of a deed; provided, that the street is deemed essential by the city council for the purpose of implementing the transportation system plan, and the deeded right-of-way conforms to the standards of this code. All deeds of dedication shall be in a form prescribed by the city engineer and shall name “the public” as grantee.

D. Creation of Access Easements. The city may approve an access easement established by deed when the easement is necessary to provide for access and circulation in conformance with Chapter 19.162 FMC, Access and Circulation. Setback standards do not permit conflicting structures to be built in public easements.

E. Street Location, Width and Grade. Except as noted below, the location, width and grade of all streets shall conform to the transportation system plan, and an approved street plan or subdivision plat. Street location, width and grade shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets:

1. Street grades shall be approved by the city engineer in accordance with the design standards in subsection O of this section; and

2. Where the location of a street is not shown in an existing street plan (see subsection H of this section), the location of streets in a development shall either:

a. Provide for the continuation and connection of existing streets in the surrounding areas, conforming to the street standards of this chapter, or

b. Conform to a street plan adopted by the planning commission, if it is impractical to connect with existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety.

F. Minimum Rights-of-Way and Street Sections. Street rights-of-way and improvements shall be the widths as required in the “Standards” section of the Fairview transportation system plan. A variance shall be required to vary the standards found in the Fairview transportation system plan. Where a range of width is indicated, the width shall be determined by the decision-making authority based upon the following factors:

1. Street classification in the transportation system plan;

2. Anticipated traffic generation;

3. On-street parking needs;

4. Sidewalk and bikeway requirements based on anticipated level of use;

5. Requirements for placement of utilities;

6. Street lighting;

7. Minimize drainage, slope, and sensitive lands impacts, as identified by Chapter 19.106 FMC;

8. Street tree location, as provided for in Chapter 19.163 FMC;

9. Protection of significant vegetation, as provided for in Chapter 19.163 FMC;

10. Safety and comfort for motorists, bicyclists, and pedestrians;

11. Street furnishings (e.g., benches, lighting, bus shelters, etc.), when provided;

12. Access needs for emergency vehicles; and

13. Transition between different street widths (i.e., existing streets and new streets), as applicable.

G. Traffic Signals and Neighborhood Traffic Management.

1. Traffic management features, such as traffic circles, curb extensions, narrow residential streets, and special paving, may be used to slow traffic in neighborhoods and areas with high pedestrian traffic.

2. Traffic signals shall be required with development when traffic signal warrants are met, in conformance with the Highway Capacity Manual and Manual of Uniform Traffic Control Devices. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The developer’s cost and the timing of improvements shall be included as a condition of development approval.

3. Preferred neighborhood traffic management tools are detailed in the Fairview transportation system plan.

H. Future Street Plan and Extension of Streets.

1. A future street plan shall be filed by the applicant in conjunction with an application for a subdivision in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 500 feet surrounding and adjacent to the proposed land division. The street plan is not binding; rather it is intended to show potential future street extensions with future development.

2. Streets shall be extended to the boundary lines of the parcel or tract to be developed, when the city council determines that the extension is necessary to give street access to, or permit a satisfactory future division of, adjoining land. The point where the streets temporarily end shall conform to subsections (H)(2)(a) through (d) of this section:

a. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets when the adjoining property is developed.

b. A barricade (e.g., fence, bollards, boulders or similar vehicle barrier) shall be constructed at the end of the street by the subdivider and shall not be removed until authorized by the city or other applicable agency with jurisdiction over the street. The cost of the barricade shall be included in the street construction cost.

c. Temporary turnarounds (e.g., hammerhead or bulb-shaped configuration) shall be constructed for stub streets over 150 feet in length.

d. In the case of dead-end stub streets that will connect to streets on adjacent sites in the future, notification that the street is planned for future extension shall be posted on the stub street until the street is extended and shall inform the public that the dead-end street may be extended in the future.

I. Street Alignment and Connections.

1. Mixed-use and residential development proposed on sites five acres or greater must submit a site plan that identifies conceptual street connections that are consistent with the transportation system plan.

2. Staggering of streets making “T” intersections at collectors and arterials shall not be designed so that jogs of less than 300 feet on such streets are created, as measured from the centerline of the street.

3. Spacing between local street intersections shall have a minimum separation of 125 feet, except where more closely spaced intersections are designed to provide an open space, pocket park, common area or similar neighborhood amenity. This standard applies to four-way and three-way (offset) intersections.

4. All local and collector streets which abut a development site shall be extended within the site to provide through circulation unless the applicant demonstrates that extension is prevented by environmental or topographical constraints, existing development patterns or compliance with other standards in this code. This exception applies when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15 percent for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the environmental or topographic constraint precludes some reasonable street connection.

5. Proposed streets or street extensions shall be located to provide direct access to existing or planned commercial services and other neighborhood facilities, such as schools, shopping areas and parks and transit facilities.

6. In order to promote efficient vehicular and pedestrian circulation throughout the city, the design of subdivisions and alignment of new streets shall conform to the following standards in Chapter 19.162 FMC, Access and Circulation. The maximum block length shall not exceed:

a. Five hundred thirty feet in the residential district;

b. Two hundred feet in the town center commercial district, except as provided by FMC 19.65.050, Block layout;

c. Not applicable to the general industrial district;

d. Seven hundred feet in the light industrial district, except as required for commercial developments subject to Chapter 19.80 FMC;

e. Three hundred feet in the corridor commercial district;

f. Three hundred feet in the neighborhood commercial district.

7. A variance to street spacing standards may be granted pursuant to FMC 19.520.030 (Class B variances) when resources are present that are mapped on the Natural Resources Map, where street spacing can be achieved at a minimum of 800 feet and no greater than 1,200 feet.

8. Exceptions to the standards in this subsection may be granted when:

a. Habitat quality or the length of the crossing required prevents a full street connection, pursuant to Chapter 19.106 FMC;

b. An access way is provided at or near midblock, in conformance with the provisions of Chapter 19.162 FMC.

J. Sidewalks, Planter Strips, Bicycle Lanes. Sidewalks, planter strips, and bicycle lanes shall be installed in conformance with applicable provisions of the transportation system plan, the Comprehensive Plan, and adopted street plans. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. All work must comply with the city of Fairview public works construction standards.

K. Internal Pathways. Pathways shall be at least five feet in unobstructed width and shall be constructed to sidewalk standards found in Standard Specifications for Public Works Construction, or according to Multnomah County or ODOT standards as applicable. The property owner shall keep a minimum of five feet of the pathway width clear of both permanent and temporary obstructions (e.g., utility poles, sandwich signs). Maintenance of internal pathways is the continuing obligation of the property owner or adjacent property owner. All work must comply with the city of Fairview public works construction standards.

L. Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle or where a reduced angle is necessary to provide an open space, pocket park, common area or similar neighborhood amenity. In addition, the following standards shall apply:

1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance;

2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and

3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet.

M. Existing Rights-of-Way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development, subject to the provision of FMC 19.165.025 (C).

N. Cul-de-Sacs. A dead-end street shall be no more than 200 feet long, shall not provide access to greater than eight dwelling units, and shall only be used when environmental or topographical constraints, existing development patterns, or compliance with other standards in this code preclude street extension and through circulation:

1. All cul-de-sacs shall terminate with a circular turnaround. Circular turnarounds shall have a radius of no less than 25 feet, and not more than a radius of 40 feet (i.e., from center to edge of pavement); except that turnarounds may be larger when they contain a landscaped island or parking bay in their center. When an island or parking bay is provided, there shall be a fire apparatus lane of 20 feet in width; and

2. The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac.

O. Grades and Curves. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet), and:

1. Centerline curve radii shall not be less than 700 feet on arterials, 500 feet on major collectors, 350 feet on minor collectors, or 100 feet on other streets; and

2. Streets intersecting with a minor collector or greater functional classification street, or streets intended to be posted with a stop sign or signalization, shall provide a landing averaging five percent or less. Landings are that portion of the street within 20 feet of the edge of the intersecting street at full improvement.

P. Curbs, Curb Cuts, Ramps, and Driveway Approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in Chapter 19.162 FMC, Access and Circulation.

Q. Streets Adjacent to Railroad Right-of-Way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land shall be created. New railroad crossings and modifications to existing crossings are subject to review and approval by Oregon Department of Transportation.

R. Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall separate residential access and through traffic, and shall minimize traffic conflicts. The design shall include one or more of the following:

1. A parallel access street along the arterial with a landscape buffer separating the two streets;

2. Deep lots abutting the arterial or major collector to provide adequate buffering with frontage along another street. Double-frontage lots shall conform to the buffering standards in FMC 19.163.030;

3. Screen planting at the rear or side property line to be contained in a non-access reservation (e.g., public easement or tract) along the arterial;

4. Other treatment suitable to meet the objectives of this subsection; or

5. If a lot has access to two streets with different classifications, primary access shall be from the lower classification street, in conformance with Chapter 19.162 FMC.

S. Alleys, Public or Private. Alleys shall conform to the standards in the Fairview transportation system plan. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet.

T. Private Streets. Private streets shall not be used to avoid connections with public streets. Gated communities (i.e., where a gate limits access to a development from a public street) are prohibited. Design standards for private streets shall conform to the provisions of the Fairview transportation system plan.

U. Street Names. No street name shall be used which will duplicate or be confused with the names of existing streets in Multnomah County, except for extensions of existing streets. Street names, signs and numbers shall conform to the established pattern in the surrounding area, except as requested by emergency service providers.

V. Survey Monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer’s registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected.

W. Street Signs. The city, county or state with jurisdiction shall install all signs for traffic control and street names. The cost of signs required for new development shall be the responsibility of the developer. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required.

X. Mail Boxes. Plans for mail boxes to be used shall be approved by the United States Postal Service.

Y. Streetlight Standards. Streetlights shall be installed in accordance with city standards.

Z. Street Cross-Sections. All street cross-sections must comply with the Standard Specifications for Public Works Construction pages 40-51. The final lift of asphalt or concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90 percent of the structures in the new development are completed or one year from the commencement of initial construction of the development, whichever is less. All work must comply with public works construction standards.

1. Sub-base and leveling course shall be of select crushed rock;

2. Surface material shall be of Class C or B asphaltic concrete;

3. The final lift shall be Class C asphaltic concrete as defined by APWA standard specifications; and

4. No lift shall be less than one and one-half inches in thickness. (Ord. 2-2017 § 1 (Exh. A); Ord. 3-2012 § 6; Ord. 6-2001 § 1)

Public use areas implement Comprehensive Plan policies that may require a developer to reserve a piece of land for future park and open space to serve the residents of the new development. Specific issues to consider include the amount of time the city has to purchase parkland and whether dedication of park land should count as a credit towards SDCs.

A. Dedication Requirements.

1. Where a proposed park, playground or other public use shown in a plan adopted by the city is located in whole or in part in a subdivision, the city may require the dedication or reservation of this area on the final plat for the subdivision.

2. If determined by the planning commission to be in the public interest in accordance with adopted Comprehensive Plan policies, and where an adopted plan of the city does not indicate proposed public use areas, the city may require the dedication or reservation of areas within the subdivision of a character, extent and location suitable for the development of parks and other public uses.

3. All required dedications of public use areas shall conform to FMC 19.430.150(D), Conditions of approval.

B. Acquisition by Public Agency. If the developer is required to reserve land area for a park or playground, the land shall be acquired by the appropriate public agency within 12 months following final plat approval, at a price agreed upon prior to approval of the plat, or the reservation shall be released to the property owner.

C. System Development Charge Credit. Dedication of land to the city for public use areas shall be eligible as a credit toward any required system development charge for parks. (Ord. 6-2001 § 1)

The sanitary sewer and water service improvements ensure adequate sanitary sewer services to new developments.

A. Sewers and Water Mains Required. Sanitary sewers and water mains shall be installed to serve each new development and to connect developments to existing mains in accordance with the city’s construction specifications and the applicable Comprehensive Plan policies.

B. Sewer and Water Plan Approval. Development permits for sewer and water improvements shall not be issued until the city engineer has approved all sanitary sewer and water plans in conformance with city standards.

C. Oversizing. Proposed sewer and water systems shall be sized to accommodate additional development within the area as projected by the Comprehensive Plan. The developer shall be entitled to system development charge credits for the oversizing.

D. Permits Denied. Development permits may be restricted by the city where a deficiency exists in the existing water or sewer system which cannot be rectified by the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of domestic water and sewerage treatment systems. Building moratoriums shall conform to the criteria and procedures contained in ORS 197.505 to 197.520. (Ord. 6-2001 § 1)

The storm drainage section requires developers to accommodate and treat stormwater runoff from buildings and parking lots.

A. General Provisions. The city shall issue a development permit only where adequate provisions for stormwater and flood water runoff have been made.

B. Accommodation of Upstream Drainage. Culverts and other drainage facilities shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the development. Such facilities shall be subject to review and approval by the city engineer.

C. Effect on Downstream Drainage. Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the city may deny approval of the development permit unless provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with city standards.

D. Easements. Where a development is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. (Ord. 6-2001 § 1)

The utilities section provides standards regarding electric lines and cable. Many types of utilities now must be installed underground for safety and aesthetic purposes.

A. Underground Utilities. All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, and high capacity electric lines operating at 50,000 volts or above. The following additional standards apply to all new subdivisions, in order to facilitate underground placement of utilities:

1. The developer shall make all necessary arrangements with the serving utility to provide the underground services. Care shall be taken to ensure that all above ground equipment does not obstruct vision clearance areas for vehicular traffic;

2. The city reserves the right to approve the location of all surface-mounted facilities;

3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and

4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.

B. Easements. Easements shall be provided for all underground utility facilities.

C. Exception to Undergrounding Requirement. The standard applies only to proposed subdivisions. An exception to the undergrounding requirement may be granted due to physical constraints, such as steep topography, sensitive lands, Chapter 19.106 FMC, or existing development conditions. (Ord. 3-2012 § 6; Ord. 6-2001 § 1)

The easements section provisions reserve adequate space for utilities.

Easements for sewers, storm drainage and water quality facilities, water mains, electric lines or other public utilities shall be dedicated on a final plat, or provided for in the deed restrictions. See also, Chapter 19.420 FMC, Development Review and Site Design Review and Chapter 19.430, Land Divisions and Lot Line Adjustments. The developer or applicant shall make arrangements with the city, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 20 feet unless otherwise specified by the utility company, applicable district, or city engineer. (Ord. 6-2001 § 1)

The construction plan approval portion ensures the completion of a development by a builder.

No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting, parks, or other requirements, shall be undertaken except after the plans have been approved by the city, permit fee paid, and permit issued. The permit fee is required to defray the cost and expenses incurred by the city for construction and other services in connection with the improvement. The permit fee shall be set by the city council. The city may require the developer or subdivider to provide bonding or other performance guarantees to ensure completion of required public improvements. (Ord. 6-2001 § 1)

A. Conformance Required. Improvements installed by the developer either as a requirement of these regulations or at his/her own option, shall conform to the requirements of this chapter, approved construction plans, and to improvement standards and specifications adopted by the city.

B. Adopted Installation Standards. The Standard Specifications for Public Works Construction, Oregon Chapter APWA shall be a part of the city’s adopted installation standard(s); other standards may also be required upon recommendation of the city engineer.

C. Commencement. Work shall not begin until the city has been notified in advance.

D. Resumption. If work is discontinued for more than one month, it shall not be resumed until the city is notified.

E. City Inspection. Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Modifications requested by the developer shall be subject to land use review under Chapter 19.415 FMC, Modifications to Approved Plans and Conditions of Approval. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements.

F. Engineer’s Certification and As-Built Plans. A registered civil engineer shall provide written certification in a form required by the city that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to city acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer’s engineer shall also provide three sets (one mylar, one electronic, one paper copy) of “as-built” plans, in conformance with the city engineer’s specifications, for permanent filing with the city. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

It is the city’s policy to protect the public interest by promoting signs through regulations that:

A. Protect the public health and safety.

B. Maintain a balance between the need to identify sites and activities, and the negative impact on community image created by visual clutter.

C. Are content-neutral, acknowledging that signs are a protected form of speech under the First Amendment of the United States Constitution.

D. Provide residents and business owners with ample opportunities and alternatives to communicate messages through signage. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

“A-board sign” means a double-faced portable sign constructed with an A-shaped frame, composed of two sign boards attached at the top and separate at the bottom, and not supported by a structure in the ground.

“Abandoned sign” means a sign structure not containing a sign for 120 continuous days or a sign not in use for 120 continuous days.

“Accessory sign” means a sign which is an integral part of outdoor accessory or display structures.

“Athletic field sign” means a sign placed on the interior of an athletic field fence or wall so as to be viewed from within the athletic facility.

“Awning sign” means a sign incorporated into or attached to an awning.

“Balloon sign” means any three-dimensional ambient air-filled object, or to which a temporary sign has been attached, or to which a sign has been incorporated.

“Banner sign” means a temporary sign made of fabric or other nonrigid material with or without an enclosing framework.

“Bench sign” means a sign that is displayed on a structure designed for sitting and displayed out of doors in view of the general public.

“Billboard sign” means a freestanding sign over 200 square feet and with display surface or surfaces primarily designed for the purpose of painting or posting a message thereon at periodic intervals.

“Canopy” means a permanent decorative porch or walkway cover other than an awning which is attached to a building.

“Direct illumination” means exposed lighting or neon tube on the sign face.

“Directional sign” means a permanent sign which is designed and installed solely for the purpose of traffic or pedestrian direction and placed on the property to which the persons are directed.

“Directory sign” means a sign listing the names, and/or use, and/or location of the various businesses or activities conducted within a building or group of buildings.

“Door sign” means any sign, picture, symbol, or combination thereof that is placed on, painted, or affixed to a door.

“Electronic message center” means signs whose message or display is presented with patterns of lights that may be changed at intermittent intervals by an electronic process.

“Facade” means the building elevation that faces the street upon which the building is addressed, or is otherwise understood to be the front of the building through common usage of the term “front.” Buildings located at the corner of intersecting streets have two facades with one facade on each street frontage.

“Fascia sign” means a single-faced sign attached flush to a building.

“Fin sign” means a sign which is supported by a pole or poles and partly by a building.

“Flag” means a rectangular piece of fabric or other material of distinctive design, used as a symbol.

“Flashing” means an intermittent or sequential light source used primarily to attract attention.

“Flashing sign” means lights which blink on and off randomly or in sequence.

“Freestanding sign” means a sign on a frame, pole or other support structure which is not attached to any building. Includes monument, pole, and directory signs.

“Ground story” means the vertical space between the ground elevation around the building and the elevation of the second floor deck.

“Hazardous sign” means a sign that is hazardous either directly through its structural design or indirectly through distracting or confusing features or functions that are visible from a right-of-way, private roadway, or other property.

“Illuminated awning sign” means a sign made of a translucent, flexible covering designed in awning form. Such signs are internally illuminated.

“Indirect illumination” means the light source is separate from the sign face or cabinet and is directed so as to shine on the sign.

“Internal illumination” means the light source is concealed within the sign.

“Lawn sign” means a temporary freestanding sign that is supported by a frame, pole or other structure placed directly in or upon the ground, wall or window.

“Mansard wall sign” means any sign placed on a building with an actual or false roof which does not vary more than 30 degrees from the vertical. Such mansard wall shall extend along the full width of the building.

“Moving parts” means features or parts of a sign structure which through mechanical means are intended to move, swing or have some action.

“Municipal sign” means a sign placed by a municipality.

“Nonconforming sign” means a sign or sign structure lawfully installed and properly maintained that would not be allowed under the sign regulations presently applicable to the site.

“Outdoor advertising sign” means a sign supported by a substantial permanent sign structure with a display surface or display surfaces.

“Painted highlights” means painted areas which highlight a building’s architectural or structural features.

“Painted wall decoration” means displays painted directly on a wall and are designed and intended as decorative or ornamental.

“Painted wall sign” means a sign applied to a building wall with paint and which has no sign structure.

“Pennant sign” means a triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles.

“Permanent sign” means a sign attached to a building, structure or the ground in some manner requiring a permit and made of materials intended for more than short-term use.

“Portable sign” means a sign designed to be transported which can be freestanding and unattached or temporarily or permanently attached to the ground, structures or other signs.

“Projecting sign” means a sign attached to and projecting out from a building face or wall and generally at right angles to the building. Projecting signs include signs projecting totally in the right-of-way, partially in the right-of-way and fully on private property.

“Readerboard sign” means a sign on which message copy can be changed manually, in the field, through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels.

“Roof line” means the lower edge of the roof or top of the parapet, whichever forms the top lines of the building wall.

“Roof sign” means a sign installed upon, against or directly above a roof, or roof eave, or on top of or above the parapet, or on a nonfunctional architectural appendage above the roof or roof eave.

“Rotating sign” means sign faces or portions of a sign face which revolve around a central axis.

“Scroll” means the continuous movement of a message on an electronic message center in a horizontal, vertical or diagonal direction.

“Sign” means materials placed or constructed primarily to convey a message or other display to identify sites and activities and which can be viewed from right-of-way, private roadway or another property.

“Sign face” means the display portion of a sign.

“Sign installation” means erecting, constructing, reconstructing, placing, altering, changing the sign face, relocating, suspending, attaching and the installation of electrical parts, wiring or illumination of any sign. However, installation shall not include changes in copy of a readerboard or outdoor advertising sign or of the removable panels of on-site directory signs.

“Sign maintenance” means normal care needed to keep a sign functional such as cleaning, oiling and changing of light bulbs.

“Sign repair” means fixing or replacement of broken or worn parts. Replacement is of comparable materials only. Repairs may be made with the sign in position or with the sign removed.

“Sign structure” means a structure specifically intended for supporting or containing a sign.

“Site” means the area, tract, parcel or lot of land.

“Special event banner sign” means a banner sign that is temporarily displayed over a right-of-way for a limited period of time.

“Structural alteration” means modification of the size, shape or height of a sign structure. Also includes replacement of sign structure materials with other comparable materials, for example, metal parts replacing wood parts.

“Suspended sign” means a sign which is attached to the underside of a canopy or awning and is supported by the canopy or awning.

“Temporary sign” means any sign, regardless of construction material, that is not permanently attached to a building, structure or the ground.

“Unsafe sign” means any sign determined to be a hazard to the public by the building official or authorized representative.

“Upper story” means the vertical space between the floor and ceiling elevation of any story located above the ground story.

“Wall sign” means any sign painted on or attached to a building wall.

“Wind sign” means any attention-getting device or series of devices such as streamers, banners and pennants designed and fastened in such a manner as to move upon being subject to pressure by the atmosphere.

“Window sign” means any sign, picture, symbol, or combination thereof, that is placed, painted, or affixed to a window, upon the interior or exterior face of window panes, or mounted to the interior window frame, or otherwise located within 24 inches of the window interior.

(Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.030)

Sign permits are subject to a Type I review process. Building and electrical permits and corresponding inspections may be required based on size and weight requirements.

A. Permanent Sign Permit Application.

1. Sign Permit Form. Application for a sign permit shall be made on the sign permit application form provided by the city.

2. Administrative Approval. Completed sign permit applications must be approved by the community development director or designee. Incomplete sign permit applications are subject to denial.

3. Plans. The applicant shall submit two copies of plans. These plans must be detailed enough to show compliance with all applicable sign regulations. The plan is to include:

a. A drawing to scale showing the design of the sign, including dimension, sign size, method of attachment, source of illumination and showing the relationship to any building or structure to which it is, or is proposed to be, installed or affixed, or to which it relates, to include elevations.

b. A fully dimensioned plot plan, drawn to scale, indicating the location of the sign relative to property line, rights-of-way, streets, sidewalks, vehicle area and other buildings or structures on the premises.

c. The maximum and minimum heights and clearances of the sign.

d. Number, size and location of all existing signs on the same building, lot or premises.

e. For signs requiring a building/electrical permit. Provide structural and mechanical design and engineering data sufficient to ensure compliance with applicable Oregon Specialty Codes.

B. Temporary Sign Permit Application. All temporary signs larger than eight square feet in area require a temporary sign permit.

1. Application. Applicants shall submit an application form, to be provided by the city, for all temporary signs greater than eight square feet. The applicant shall indicate the size and proposed location of the temporary sign.

2. Permit Sticker Required. Upon approval, a city-issued sticker, indicating the date of placement and the date the sign is to be removed, shall be placed on the sign face of the approved temporary sign. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.040)

A. Measurements.

1. Sign Area.

a. The area of sign faces enclosed in frames or cabinets is determined based on display area of the sign (see Figure 1). Sign area does not include masonry walls, rocks, foundations, supports or other essential structures which are not serving as a backdrop or border to the sign. Only one face of a double-faced sign is counted. If a sign has more than two faces, the total area may not exceed twice the area permitted.

Figure 1

b. When a sign is on a base material and attached without a frame, such as wood board or Plexiglas panel, the dimensions of the base material are to be used unless it is clear that part of the base contains no sign, related display or decoration.

c. When signs are constructed of individual pieces attached to a building wall, sign area is determined by a perimeter drawn (the greater height multiplied by the greater width) around all the pieces.

d. For sign structures containing multiple modules oriented in the same direction, the modules together are counted as one sign face (see Figure 2).

Figure 2

e. The maximum surface area visible at one time of a round or three-dimensional sign is counted to determine sign area.

f. When signs are incorporated into awnings, the entire panel containing the sign is counted as the sign face unless it is clear that part of the panel contains no sign, related display or decoration.

g. The area of an illuminated awning sign shall be calculated as a sign incorporated into an awning except that an illuminated face of the awning shall not exceed three times the sign area allowed.

h. The area of a window sign is measured along the outer frame of the window where it meets the wall. Window signs are to be measured by the outermost dimensions of text and graphics.

2. Sign Height. The overall height of a sign or sign structure is measured from the average grade directly below the sign to the highest point of the sign or sign structure.

3. Sign Clearance. Clearances are measured from the average grade directly below the sign to the bottom of the sign structure enclosing the sign face.

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

B. Placement.

1. Placement. All signs and sign structures shall be erected and attached totally within the site except when allowed to extend into or over the right-of-way pursuant to Chapter 12.45 FMC.

a. Signs Permitted within the Right-of-Way. Signs located within city of Fairview right-of-way require a right-of-way permit unless otherwise stated in this chapter. Signs placed in Multnomah County right-of-way may require a permit from the county.

i. Municipal signs.

ii. A-board signs in accordance with FMC 19.170.090(B)(5) and 19.170.160.

iii. A right-of-way permit may be granted for the placement of a temporary sign in accordance with Chapter 12.45 FMC when there is no required front yard on a property.

iv. Signs associated with a public works project placed by a utility company or a licensed contractor.

2. Frontages. Signs allowed based on the length of one site frontage may not be placed on another site frontage. Signs allowed based on a building frontage may not be placed on another building frontage.

3. Clear Vision Area. No sign shall be located in the clear vision area as defined in FMC 19.162.020(O). No support structure(s) shall be located in the clear vision area unless the combined total width is 12 inches or less and the combined total depth is 12 inches or less.

4. Vehicle Area Clearances. When a sign extends over an area where vehicles travel or are parked, there shall be a minimum 14-foot clearance. Exception: The bottom of an electric sign or an outline lighting enclosure shall have not less than a 16-foot clearance unless such enclosures are protected from physical damage. In no cases shall the vehicle area clearance be less than 14 feet. Vehicle areas include driveways, alleys, parking lots and loading and maneuvering areas.

5. Pedestrian Area Clearances. When a sign extends over private sidewalk, walkways or other spaces accessible to pedestrians, there shall be a minimum of seven feet clearance.

6. Required Yards. Signs may be erected in required yards.

C. Sign Types. All permanent signs require a sign permit in accordance with FMC 19.170.030 and shall be in compliance with FMC 19.170.110 through 19.170.140.

1. Fascia Sign. No point of a fascia sign may extend more than 18 inches from the wall to which it is attached, except for permitted electronic message signs, which may be up to 24 inches in thickness. Fascia signs may not extend beyond the corners of buildings.

2. Projecting Sign. The support structure for a projecting sign shall be designed so that there is the minimum visible support structure above the sign face. There shall be no more than one foot of support structure between the building wall and the sign. Projecting signs may extend into the right-of-way two feet except no portion of the sign shall be closer than 30 feet from the centerline of an existing right-of-way.

3. Freestanding Sign.

a. Freestanding signs shall not extend into the right-of-way.

b. Signs shall comply with clear vision requirements per FMC 19.162.020(O).

c. Signs shall meet vehicle area and pedestrian area clearance requirements per subsection B of this section.

4. Suspended Signs and Awnings.

a. Signs may be placed on or incorporated into canopies and awnings; provided they do not extend above the upper surfaces of the structure.

b. Canopies and awnings containing signs may extend into the right-of-way two feet except no portion of the sign shall be closer than 30 feet from the centerline of an existing right-of-way.

5. Illuminated Awning Sign.

a. Illuminated awning signs may extend into the right-of-way the same distance as is allowed for awnings.

b. The projection of an illuminated awning sign shall not be less than three feet.

c. An illuminated awning sign may only be placed on a wall facing a street or adjacent to a pedestrian walkway. (Ord. 1-2024 § 1 (Att. A); Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.050)

The following provisions for signs apply when a use has been found to lawfully exist within the provisions of Chapter 19.530 FMC; however, no sign is allowed to exceed the requirements set forth in the zoning district where the subject nonconforming use would be a permitted use:

A. Freestanding Sign. Any existing freestanding sign on the premises of a nonconforming use can be maintained, improved or relocated on the premises provided the change does not increase the total sign area or the height of the existing sign.

B. Wall Sign. Any existing wall sign on the premises of a nonconforming use can be maintained, improved or relocated on the premises provided the maximum area does not exceed five percent of the wall area the sign is located on. Only one wall sign shall be permitted.

C. Projecting Sign. Any existing projecting sign on the premises of a nonconforming use can be maintained, improved, or relocated on the premises provided the change does not increase the total sign area or the height of the existing sign.

D. Readerboard. A permanent readerboard may be incorporated into any one, but no more, of the above permitted signs provided the readerboard assembly is integral to the sign, does not exceed 40 inches in height and constitutes no more than 60 percent of the face of the sign.

E. Replacement. Existing signs for nonconforming uses found in commercial and industrial zones may be replaced by signs as allowed in that section. Existing signs for nonconforming uses found in the residential zones may be replaced with signs as allowed in that section.

F. Billboard Signs. Billboard signs existing at the effective date of the ordinance adopted July 10, 2010, shall be permitted to remain and be maintained in reasonable repair. An existing billboard may be replaced, relocated, or otherwise structurally modified to improve the structural or aesthetic nature of the sign, if the following requirements are met:

1. The modified or replaced structure includes fewer supporting elements;

2. The height of the modified or replaced sign, as measured from the freeway grade to the top of the sign, is not increased;

3. The modified or replaced sign is on the same property and within 50 feet of the previous structure; and

4. The modification results in a smaller footprint on the ground.

Changes in message shall not affect nonconforming status. (Ord. 6-2024 § 1 (Att. 1); Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.060)

A. Nonconforming signs are signs installed prior to July 7, 2010, which do not conform to the requirements of this chapter.

B. Permanent signs made nonconforming by changes to this chapter will be permitted to remain subject to sign maintenance standards in FMC 19.170.180.

C. Any nonconforming temporary sign installed prior to July 7, 2010, which does not comply with this chapter shall be made to comply, or be removed by January 7, 2011.

D. Changes in copy on readerboards or outdoor advertising signs are permitted without loss of nonconforming status. On-site or off-site repairing or restoring of any part of a sign or sign structure to a safe condition, including normal maintenance, is permitted without loss of nonconforming status. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.110)

A. Hardship relief may be requested from the planning commission for all sign regulations except for prohibited signs.

B. Requests for hardship relief shall be reviewed in accordance with variance procedures in Chapter 19.520 FMC.

C. Applicants may request a “street closure” sign variance from the city manager or designee where the visibility of an existing sign is obstructed as a result of a public works project.

1. A variance from sign regulations for the underlying zone may be requested from the city manager or designee for temporary alternatives to the location, size or form of sign if it meets the following standards:

a. The proposed sign may not exceed 50 percent of the maximum allowed size requirements for signs in the underlying zone.

b. The sign may not be hazardous to surrounding properties, motorists, cyclists, or pedestrians.

c. The sign may only be displayed for the duration of the hardship or until the public works project is complete.

d. A right-of-way permit shall be required in accordance with Chapter 12.45 FMC if the proposed sign is to be located within the city right-of-way.

e. The sign shall be subject to all other applicable regulations in this chapter unless otherwise specified.

2. The “street closure” sign variance process shall follow a Type I review process.

a. The applicant shall submit a written request to the city manager or designee requesting a street closure sign variance demonstrating compliance with the approval criteria in subsection (C)(1) of this section and a site map showing the location of the proposed sign.

D. Hardship relief for billboards displaced by public improvement projects may be requested from the planning commission and shall be processed in accordance with Chapter 19.520 FMC. (Ord. 8-2021 § 1; Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

A. Exempt Signs. Except for signs prohibited by FMC 19.170.100, the following signs are exempt from the provisions of the Fairview sign code:

1. Signs placed in the right-of-way authorized by the city or other jurisdiction responsible for the right-of-way.

2. Signs provided to give notice in accordance with FMC 8.30.110(B), private property impounds.

3. Signs required by law, administrative order, or judicial order.

B. Signs Exempt From Permitting Requirements in FMC 19.170.030. The following signs do not require a permit but must conform to all other applicable provisions of this chapter:

1. Permanent signs not exceeding three square feet in area in all zones except residential zones listed in FMC 19.170.110(A).

2. Nonilluminated signs not exceeding two square feet in area in residential zones listed in FMC 19.170.110(A).

3. Temporary signs not exceeding eight square feet in area.

4. Signs cut into any masonry surface, or constructed of bronze or other noncombustible surface not to exceed eight square feet in area.

5. Flags displayed from permanently located freestanding or wall-mounted flagpoles designed to allow raising and lowering of flags. Flags shall be limited to one per 100 feet of linear frontage, with a maximum of six per premises. Such displays shall be kept neat, clean and in good repair.

6. Painted wall decorations and painted wall highlights.

7. One time clock and/or scoreboard sign shall be permitted at each athletic field. Such signs shall have a maximum height of 15 feet above grade.

8. Athletic Field Signs. Banner signs located on athletic field fences may be installed so as to be oriented towards the interior of the athletic field. Each individual sign shall be no more than 32 square feet in area. There shall be no more than 32 square feet of area for any eight linear feet of fence. The maximum height shall not exceed eight feet above grade. The sign shall not project above the fence.

9. Accessory signs within a commercial or industrial zone which are permanent and an internal part of permitted outdoor accessory or display structures (i.e., soft drink machines, fuel pumps and newspaper dispensers, etc.).

10. Signs placed by a utility company or licensed contractor or placed on private property.

11. Pennants.

a. May not obstruct sidewalks or driveways.

b. May not be placed in the right-of-way.

c. Pole on which pennant is attached may not exceed 15 feet in height.

d. Area of pennant may not exceed 24 square feet.

e. One pennant allowed per 100 feet of site frontage with a maximum of six pennants per frontage.

f. Pennant and structure to which pennant is attached must be properly secured to prevent property damage or personal injury due to movement by wind or other physical force.

g. Pennants must be properly maintained; any torn or tattered pennants must be removed or replaced immediately.

h. Prohibited in R-6, R-7.5, R-10, R/SFLD, VSF, VTH zones. (Ord. 1-2024 § 1 (Att. A); Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

Temporary signs are prohibited signs except as provided in this section.

A. General Requirements.

1. Illumination. No temporary sign shall be internally or externally illuminated.

2. Location. No temporary sign shall extend into or over a public right-of-way or into a clear vision area except as otherwise allowed in this chapter.

3. Maintenance. Temporary signs shall be kept neat, clean and in good repair. Materials used should not fade, tear, rip or otherwise become unsightly during the period of installation.

4. Placement. Temporary signs may not be attached to trees, shrubbery, utility poles, or like items. They shall not obstruct or obscure primary signs on adjacent premises. They shall not create a traffic hazard. Temporary signs are subject to clear vision requirements per FMC 19.162.020(O).

5. Duration. Temporary signs may be displayed for no more than 180 days within any 365-day period.

6. Permit Required. Temporary signs greater than eight square feet in area require a temporary sign permit in accordance with FMC 19.170.030(B).

B. Sign Types.

1. Lawn Signs. Lawn signs shall be pole-mounted lawn signs and must be removed within 180 days of the date of installation. Pole-mounted and wall-mounted lawn signs shall not exceed 60 inches in height in residential zones and eight feet in height in commercial and industrial zones.

2. Balloon Signs. One balloon sign per site is permitted provided the balloon is ground-mounted or roof-mounted and air-filled. A ground-mounted balloon sign shall be no more than 25 feet above grade with a roof-mounted balloon sign being no more than 25 feet above the roof top. The display period is limited to a total of 30 days per year.

3. Banner Signs. One banner sign attached to a building wall per building frontage per street frontage may be permitted. Such banner sign(s) is limited to 32 square feet in area. Banner signs larger than eight square feet in area shall require a temporary sign permit and be removed within six months of placement.

4. Special Event Banner Signs. Permitted in all land use zones consistent with the following criteria:

a. Written consent from any property owner(s) where the banner will be attached. The consent shall identify any restrictions that the property owner may require.

b. Plans showing the location of the banner, height above the right-of-way, support devices for the banner, and proposed dates.

c. Not exceeding 25 consecutive days in duration and for no more than once in any 12-month period.

d. A copy of any liability and/or property damage insurance required by the property owner where the banner will be located.

5. Limited Duration A-Board Signs. Permitted only in residential and village mixed use zones when in conformance with the following criteria:

a. Placement of a sign is limited to 7:00 a.m. through 9:00 p.m.

b. Signs are subject to size and clearance standards for sidewalk A-board signs in FMC 19.170.160.

c. Limited duration A-board signs may be placed no closer than 40 feet to another limited duration A-board sign. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

It shall be unlawful for any person to install, display or maintain any sign falling within any of the following descriptions:

A. Hazardous Signs. The following signs are identified as hazardous either as a result of, either directly through their structural design or indirectly through distracting or confusing features or functions visible from a right-of-way, private roadway, or other property:

1. Moving signs, including rotating signs and wind signs, or any sign which has any visible moving part or visible mechanical movement of any description, including movement created by normal wind currents. Clocks and barber poles are exceptions.

2. Flashing signs, or any signs which achieve apparent movement through electrical pulsations, including strobe lights and bead lighting.

3. Signs obstructing free and clear vision of the traveling public at the intersection of any street or driveway.

4. Signs that interfere with the traveling public’s perception of official traffic controls which are otherwise designed or are used in a manner reasonably likely to distract or confuse vehicle operators.

5. Exception electronic message center signs, any sign(s) incorporating reflective-type bulbs, or par spot bulbs, or directly visible bulbs of greater than 25 watts capacity. Electronic message center signs are exceptions.

6. Signs incorporating white or blue neon tubing that exceeds 300 milliamperes rating, or other neon tubing that exceeds 120 milliamperes rating.

7. Signs incorporating fluorescent tubing that exceeds an illumination equivalent of 800 milliamperes rating, or a spacing of less than nine inches, center to center.

8. Signs obstructing in any way a fire escape, stairway or standpipe, or that interfere with human exit through a window or any room located above the first floor of any building, or any door required exit from a building, or required light or ventilation source.

9. Signs in the public right-of-way, other than government owned or managed signs, unless otherwise specifically allowed herein.

B. Other Prohibited Signs. The following signs are identified as having unnecessary and adverse visual impact on the community:

1. Roof signs, fin signs, or any sign structure attached to a building not conforming to the standards contained in this section.

2. Temporary signs, bench signs, banners, pennants, wind signs, balloon signs, flags not conforming to the sign standards contained in this section.

3. Nonconforming signs that have been modified in a manner which is not consistent with this section.

4. Billboard signs except as provided by FMC 19.170.050 and 19.170.070. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 8-2009 § 3 (Att. 1); Ord. 6-2001 § 1)

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs Within R-6, R-7.5, R-10, R/SFLD, VTH and VSF Zones.

B. Permitted Signs Within R/MF, R/MH, R/MF/TOZ, and VA Zones.

C. Temporary Signs Allowed in All Residential Zones. Pursuant to FMC 19.170.030(B) and 19.170.090, the following temporary signs shall be permitted:

(Ord. 1-2024 § 1 (Att. A); Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.130)

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs Within the Community Service Parks (CSP) Zone.

B. Temporary Signs. Pursuant to FMC 19.170.030(B) and 19.170.090 the following temporary signs shall be permitted.

C. Sign Features.

1. Illumination. Signs may be indirectly or internally illuminated.

2. Readerboard. A permanent readerboard may be incorporated either in a freestanding sign or wall sign, but not both. The readerboard shall be an integral part of the sign design and shall not exceed 40 inches in height. Not permitted in the R-6, R-7.5, R-10, R/SFLD, VTH and VSF zones.

3. Electronic Message Center. An electronic message center may be incorporated into either a freestanding sign or wall sign, but not both. The electronic message center shall be an integral part of the sign design.

a. The display of messages shall conform to the following standards:

i. Messages may scroll across the electronic message center.

ii. Flashing messages are prohibited.

b. For school sites located on arterial streets:

i. The maximum allowed area of an electronic message center incorporated into a wall sign is 18 square feet.

ii. The maximum allowed area of an electronic message center incorporated into a freestanding sign is limited to no more than 25 percent of the total allowed area per sign face with a minimum entitlement of eight square feet.

iii. Electronic message centers greater than eight square feet shall be located no less than 150 feet from an adjacent residential use and shall be oriented towards the street.

c. For all other sites in the community service parks (CSP) zone:

i. The maximum allowed area of an electronic message center incorporated into either a freestanding sign or a wall sign is eight square feet. (Ord. 1-2024 § 1 (Att. A); Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1))

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs within Commercial and Light Industrial Zones.

B. Temporary Signs. Pursuant to FMC 19.170.030(B) and 19.170.090, the following temporary signs shall be permitted.

C. Sign Features.

1. Illumination. Signs may be indirectly or internally illuminated.

2. Readerboard. A permanent readerboard may be incorporated either in a freestanding sign or wall sign but not both. The readerboard shall be an integral part of the sign design and shall not exceed 40 inches in height.

3. Electronic Message Center. An electronic message center may be incorporated into either a freestanding sign or wall sign, but not both. The electronic message center shall be an integral part of the sign design.

a. The display of messages shall conform to the following standards:

i. Messages may scroll across the electronic message center.

ii. Flashing messages are prohibited.

b. The maximum allowed area of an electronic message center incorporated into a freestanding sign or wall sign is limited to no more than 25 percent of the total allowed area per sign face with a minimum entitlement of eight square feet.

c. Electronic message centers greater than eight square feet shall be located no less than 150 feet from an adjacent residential use and shall be oriented towards the street. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1. Formerly 19.170.140)

All permanent signs are subject to permitting requirements in FMC 19.170.030.

A. Ground story and upper story signs may only be placed on the front elevation except for mixed use townhouses that have ground story doors or windows along driveways, walkways, or parking areas. In such cases window signs up to 25 percent of the total window area are allowed.

B. Temporary Signs. Pursuant to FMC 19.170.030(B) and 19.170.090 the following temporary signs shall be permitted:

C. Prohibited Signs.

1. Painted wall signs (without sign structure).

2. Roof signs.

3. Painted wall decorations.

4. Readerboards.

5. Flashing signs.

6. Bench signs. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1))

All signs shall comply with permitting requirements in FMC 19.170.030 and design standards in FMC 19.170.040.

A. Permitted Signs in the General Industrial (GI) Zone.

B. Temporary Signs Permitted in Industrial Zones. Pursuant to FMC 19.170.030(B) and 19.170.090 the following temporary signs shall be permitted:

C. Sign Features.

1. Illumination. Signs may be indirectly or internally illuminated.

2. Readerboard. A permanent readerboard may be incorporated either in a freestanding sign or wall sign but not both. The readerboard shall be an integral part of the sign design and shall not exceed 40 inches in height.

3. Electronic Message Center. An electronic message center may be incorporated into either a freestanding sign or wall sign, but not both. The electronic message center shall be an integral part of the sign design.

a. The display of messages shall conform to the following standards:

i. Messages may scroll across the electronic message center.

ii. Flashing messages are prohibited.

b. The maximum allowed area of an electronic message center incorporated into a freestanding sign or wall sign is limited to no more than 25 percent of the total allowed area per sign face with a minimum entitlement of eight square feet.

c. Electronic message centers greater than eight square feet shall be located no less than 150 feet from an adjacent residential use and shall be oriented towards the street. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2011 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1))

A. Intent. The intent of these regulations is to allow A-board signs in mixed use, commercial, and R/MF, R/MH, R/MF/TOZ, and VA districts under certain conditions, maintaining an attractive commercial streetscape, providing adequate pedestrian access, ensuring that curbside parking is usable, and providing public safety.

B. Permit Required. A permit is required prior to placing an A-board sign on private property or within the public right-of-way. In the event a business closes or is sold, a new operation in the business space or the new business operator must apply for a new A-board sign permit.

C. A-Board Sign Permit Requirements. A-board sign applications will be processed within 10 business days of receipt. An A-board sign may not be placed until all of the following requirements have been met:

1. Submission of a complete application form, supporting materials, and application fee.

2. For signs to be located in the public right-of-way, a signed indemnification form as provided by the city and an approved right-of-way permit.

3. A permit authorizing placement of the sign has been issued by the community development director or designee.

D. Enforcement. Use of an A-board sign without an approved permit or in a manner that is inconsistent with these regulations is a violation of the Fairview Municipal Code. Repeat violations of these regulations may result in a six-month revocation of the permit. No permit shall be revoked without the community development director or designee first providing the permit holder a fair opportunity to correct the violation and providing a written warning that a repeat violation can result in revocation of the permit. This section does not limit enforcement through standard enforcement provisions of the Fairview Municipal Code.

E. Prohibitions.

1. A-board signs may not be used in residential districts excluding limited duration event signs in accordance with FMC 19.170.090(B)(5) and except when in association with legal nonconforming businesses.

2. A-board signs may not be used in association with home occupations.

3. Lights and attraction getting devices such as balloons, streamers, and flags may not be attached to an A-board sign.

4. A-board signs shall not be placed in a location that interferes with parking or vehicle circulation.

F. A-Board Sign Standards.

1. One A-board sign per storefront is allowed whether located on private property or within the public right-of-way.

2. The size of the A-board sign shall not exceed 24 inches wide by 42 inches standing height when the sign boards are in the open-standing position.

3. A-board signs must be located or otherwise secured to prevent property damage or personal injury due to movement of the sign by wind or other physical force.

4. A-board sign placement must meet clear vision requirements of FMC 19.162.020(O) for clear vision areas.

5. The area of the A-board is exempt from the total allowed sign area for the site.

G. Placement in Public Right-of-Way.

1. One A-board sign may be placed within a public right-of-way adjacent to premises by the person in control of those premises. A-board signs may only be placed outdoors between the hours of 6:00 a.m. and 9:00 p.m.

2. A minimum five feet of unobstructed sidewalk clearance must be maintained. A-frame signs may be not placed on a sidewalk that is too narrow to maintain the required five-foot minimum clearance. A-board signs may not be placed on the paved portion of a public street. A-board signs shall not be placed in a location that interferes with parking.

H. Placement on Private Property.

1. A-board signs may be placed on private property located in mixed-use, commercial, and R/MF, R/MH, R/MF/TOZ, and VA zoning districts. A-board signs may be used in residential districts in association with legal nonconforming businesses only.

2. A-board signs may only be displayed in front of premises at which a business is being conducted. A-board signs may be placed outdoors only during business hours of the business for which the sign was approved.

3. A minimum five feet of unobstructed sidewalk clearance must be maintained. A-frame signs may not be placed on a sidewalk that is too narrow to maintain the required five-foot minimum clearance. (Ord. 1-2024 § 1 (Att. A); Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 8-2009 § 5 (Att. 2))

Every prohibited sign as set forth under FMC 19.170.100 and those found to be unsafe are subject to immediate abatement by the city. Every sign identified by the city as being an abandoned and/or nonconforming sign is substandard and subject to abatement proceedings as set forth under Chapter 2.27 FMC. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 8-2009 § 4 (Att. 1))

All signs, together with all of their supports, braces, guys and anchors, shall be kept in good repair and maintained so as to be safe, free from rust, corrosion, or other surface deterioration or be subject to abatement procedures. (Ord. 2-2013 § 1 (Att. 1); Ord. 4-2012 § 1 (Att. 1); Ord. 2-2010 § 1 (Att. 1); Ord. 6-2001 § 1)

The purpose of this section is to provide for family day care providers in residential zones in a manner that will ensure that they are utilized only as accessory uses incidental to the primary residential use of the premises upon which they are located. A home occupation permit may be granted; provided the use is not inconsistent with or disruptive to the normal residential usage of the premises or causes external effects which are detrimental to neighboring properties or are incompatible with the characteristics of the residential zone. (Ord. 6-2001 § 1)

Family day care providers shall be limited to those activities which are customarily carried on within a dwelling, and which are operated entirely within the principal dwelling by a member of the family residing in the dwelling unit as a clearly secondary and incidental use of such a dwelling. The use must not change the residential character of the dwelling and shall meet all of the following conditions:

A. Fulfill all requirements for a day care facility as defined in ORS 418.805 and the state of Oregon Children’s Services Division (CSD) Rules for Certification.

B. Have no more children than allowed by state and county regulations for the size of facility in question.

C. Be permitted to operate at any time during a 24-hour period.

D. Be permitted to have children dropped off and picked up at any time during this 24-hour period, with due consideration to neighboring residents in regards to noise and traffic congestion. Children are to be escorted to (and from) the day care residence and the vehicle.

E. Be permitted to utilize more than 20 percent of the gross floor area of the dwelling unit for day care as long as the dwelling remains consistent with the residential nature of the premises.

F. Need not be confined, contained and conducted within the dwelling in so far as outdoor play areas may be provided, which meet all standards of the CSD, and with due consideration to neighboring residents in regards to noise and activity. Field trips off the premises are to meet all requirements set by CSD.

G. No significant enlargement or alteration to a dwelling for the sole purpose of conducting a family day care provider facility shall be permitted that is inconsistent with the residential nature of the premises.

H. The premises shall at all times be maintained as residential in appearance, cleanliness and quietness.

I. Dimensions, power rating or weight of such equipment and tools used in the conduct of a family day care facility shall not exceed that of normal household equipment and tools.

J. There shall be no exterior indication of the family day care provider facility; no exterior signs shall be used; no other on-site advertising visible from the exterior shall be used which informs the public of the address of the home occupation. (Ord. 6-2001 § 1)

A. Within 10 days after a permit is issued, notices of issuance of a home occupation permit shall be sent to all property owners and residents in the area bounded by lines 150 feet, excluding street widths, from and parallel to the boundary lines of the lot proposed to contain the family day care provider facility.

B. The city shall not issue a business license until a home occupation permit is issued. Copies of all certification from the Children’s Services Division are to be attached to the application form. Home occupation permits are valid until the end of the calendar year and are to be renewed by reapplication at the same time as the business license.

C. Permits for home occupations may be revoked at any time for failure to adhere to standards and conditions of approval for home occupation. If the business license of a home occupation permit holder is revoked, the home occupation permit may be reviewed for possible revocation, and vice versa.

D. A change in the characteristics of the use will require a new permit. (Ord. 6-2001 § 1)

A. A decision of the staff to issue or revoke a home occupation permit may be appealed to the city council by an affected party by filing an appeal within 15 days of notice of this decision. The notice of appeal shall indicate the decision that is being appealed.

B. Any person may request staff to review a home occupation permit if evidence of noncompliance to this code is evident. (Ord. 6-2001 § 1)

A proposal to amend the zoning ordinance text or map may be initiated by the city council, the planning commission or a property owner who files an application with the city.

Amending the zoning ordinance text or map shall require a public hearing before both the planning commission and the city council. Mailed notice of hearing shall include the owners of the property within 250 feet of the subject parcel or parcels when the proposed amendment is site specific. (Ord. 6-2001 § 1)

Approval of an ordinance text or map amendment shall be based on finding that it complies with the following criteria:

A. The amendment will not interfere with the livability, development or value of other land in the vicinity of site-specific proposals when weighed against the public interest in granting the proposed amendment.

B. The amendment will not be detrimental to the general interests of the community.

C. The amendment will not violate the land use designations established by the comprehensive land use plan and map or related text.

D. The amendment will place all property similarly situated in the area in the same zoning designation or in appropriate complementary designations without creating inappropriate “spot zoning.” (Ord. 6-2001 § 1)

No application of a property owner for an ordinance text or map amendment shall be considered within the one-year period immediately following a denial of a request for the same property, except the hearing body may permit a new application upon making a determination that it is warranted because of new evidence or a change in circumstances. (Ord. 6-2001 § 1)

An ordinance text or map amendment shall take effect 30 days after the date of approval, unless appealed or immediately where an emergency is declared to exist consistent with Section 33 of the City Charter. (Ord. 6-2001 § 1)

Type III decisions shall comply with the notice provisions of FMC 19.413.030. Type IV decisions shall comply with the provisions of FMC 19.413.040. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

The purpose of this chapter is to establish criteria for the placement of manufactured/mobile homes in mobile home parks and manufactured homes on individual building lots within the city of Fairview. (Ord. 6-2001 § 1)

The design for the manufactured/mobile home park shall conform to all applicable state standards established by the state of Oregon. (Ord. 6-2001 § 1)

The establishment, location, and use of manufactured homes as scattered site residences shall be permitted subject to pertinent covenants, conditions and restrictions in any zone permitting such use subject to requirements and limitations applying generally to such residential uses in the zone, and provided such homes shall meet the following requirements and limitations:

A. The manufactured home shall meet all requirements applicable to single-unit dwellings and possess all necessary improvement, location, building, and occupancy permits and other certifications required by the title. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. Mobile home parks existing at the adoption of the ordinance codified in this chapter not meeting the standards set forth in this title shall be considered nonconforming.

B. Mobile homes in such a park may be replaced but only with units that meet city standards existing at the time they are replaced. (Ord. 6-2001 § 1)

It is the city’s policy to protect the public interest by promoting telecommunications facilities in a way which:

A. Protects public health and safety.

B. Minimizes disruption of residential, natural, historical and environmentally sensitive areas.

C. Aesthetically complements the surrounding environment whenever possible.

D. Limits regulation of telecommunications providers and services, consistent with federal and state law.

E. Assures that all telecommunication providers’ facilities or services within the city comply with the ordinances, rules and regulations of the city.

F. Assures that the city can continue to responsibly protect the public health, safety and welfare.

G. Enables the city to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development. (Ord. 6-2001 § 1)

For the purpose of this chapter, the following terms and phrases shall have the following meaning.

A. “Amateur or ‘ham’ radio” means radio facilities operated for noncommercial purposes by individuals licensed by the Federal Communications Commission with an interest in construction and operation of radio equipment, usually as a hobby or vocation.

B. “Ancillary facilities” means structures and equipment required for the operation of telecommunications equipment, including, without limitation, antennas, repeaters, equipment housing structure, ventilation and other mechanical equipment.

C. “Antenna” means an electrical conductor or group of electrical conductors, commonly in the form of a metal rod, panel or dish, that transmit or receive radio waves, excluding amateur radio and television antennas, and is typically mounted on a tower, pole, mast or building.

D. “Applicant” means any person awaiting approval for a telecommunications facility and/or lease or other appropriate agreement.

E. “Building” means any structure capable of being used to support or shelter any use or occupancy.

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

G. “City property” means all real property owned or otherwise utilized by the city and all property held in a proprietary capacity by the city and shall include all public ways and public facilities as defined herein.

H. “Co-location” means the placement of two or more antennas and/or telecommunications systems, platforms or facilities owned by FCC license holders on structures such as a support structure, building, water tank or utility pole.

I. “Direct-to-home satellite service” means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite.

J. “Emergency” means a condition of imminent danger to the health, safety and welfare of property or persons located within the city including, without limitation, possible damage to persons or property from human or naturally caused consequences.

K. “Overhead facilities” means utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

L. “Person” includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies and other entities or individuals authorized to do business in the state of Oregon.

M. “Planning commission” means the city of Fairview, Oregon, planning commission.

N. “Provider” shall have the same meaning as “telecommunications provider” as defined below.

O. “Public facilities” means all city owned properties including but not limited to buildings, water towers, poles, public streets, thoroughfares and utility easements and all other properties granted to the city, as those terms are defined herein, but only to the extent of the city’s right, title, interest or authority to grant a license or lease to occupy and use such streets and easements for telecommunications facilities.

P. “State” means the state of Oregon.

Q. “Telecommunications facilities” means commercial facilities designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices. For the purpose of this chapter, amateur radio transmission facilities and facilities used exclusively for the transmission or reception of television and radio signals are not telecommunications facilities.

R. “Telecommunications provider” means any person, association or organization which directly or indirectly owns, controls, operates or manages equipment inside the city used or to be used for the purpose of offering telecommunications service.

S. “Telecommunications services” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

T. “Telecommunications support structure” means a structure, tower, pole or mast erected to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, monopoles, lattice towers, wood poles and guyed towers.

U. “Telecommunications system” shall have the same meaning as “telecommunications facilities” as defined above.

V. “Tower footprint” means the area described at the base of a transmission tower as the perimeter of the transmission tower including the transmission tower foundation and any attached or over-hanging equipment, attachments or structural members, excluding ancillary facilities, guy wires and anchors.

W. “Tower height” means the vertical distance measured from the highest point on the transmission tower or other structure, including any antenna, to the original grade of the ground directly below this point.

X. “Tower pad” means the area that encompasses the tower footprint, ancillary facilities, fencing and screening.

Y. “Transmission tower” means the monopole or lattice framework designed to support transmitting and receiving antennas. For the purpose of this chapter, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers. Transmission towers include:

1. “Guyed tower” means a tower which is supported by the use of cables which are permanently anchored.

2. “Lattice tower” means a tower characterized by an open framework of lateral cross members which stabilize the tower.

3. “Monopole” means a tower characterized by an open framework of lateral cross members which stabilize the tower.

Z. “Underground facilities” means utility and telecommunications facilities located underground, excluding the underground foundations or supports for overhead facilities.

AA. “Usable space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified by applicable codes, rules, laws, policies, regulations and ordinances.

BB. “Utility easement” means any easement to the city or others, acquired, established, dedicated or devoted wholly or partially to public utility purposes. (Ord. 6-2001 § 1)

It shall be the responsibility of the city manager or designee to administer and enforce all provisions of this chapter. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

A. Pre-existing Towers and Antennas.

1. Any tower, antenna or telecommunications facility for which the required approval has been properly issued prior to the effective date of the ordinance codified in this chapter shall not be subject to the requirements of this chapter, other than those set forth by the federal government, state building codes, or other applicable laws. Any such towers antennas or facilities shall be referred to in this chapter as pre-existing towers or antennas.

2. Upon expiration of said pre-existing approval, any tower, antenna or telecommunications facility shall become subject to the provisions herein.

B. Exemptions. For the purpose of this chapter, the following are exempt:

1. Cable television service.

2. Open video system service.

3. Direct-to-home satellite service.

4. Over-the-air radio or television broadcasting to the public-at-large from facilities licensed by the Federal Communications Commission or any successor thereto.

5. Send and receive citizen band radio antennas or antennas operated by federally licensed amateur (“ham”) radio operators.

6. Industrial, scientific and medial equipment as regulated by the Federal Communications Commission in 47 DFR Part 18.

7. Military and government radar antennas and associated communications towers used for navigational purposes as regulated by the Federal Communications Commission in 47 DFR Parts 95 and 97.

8. Military and federal, state and local government communications facilities used for public safety and emergency preparedness purposes.

9. Normal, routine and emergency maintenance and repair of existing telecommunications facilities which do not increase the height, size, bulk or footprint of such facilities and which otherwise comply with city, state and federal law and regulations. (Ord. 6-2001 § 1)

A. Telecommunications Facility Application. Any person wishing to obtain approval for a telecommunications facility shall complete an application form provided by the city which shall contain the following information:

1. The name, address and telephone number of the applicant.

2. The name, address and telephone number of the contractor.

3. The name, address and telephone number of the electrical contractor.

4. The type of facility, height and any other pertinent information.

5. The location of the proposed telecommunications facility by street address and legal description.

B. Telecommunications Facility Proposal. A telecommunications facility proposal is required to accompany the telecommunications facility application and shall include the following information:

1. A description of the proposed facility to include the type, proposed height, and square footage of ground facilities.

2. The location of all overhead and underground public utility, telecommunications, cable, water, sewer drainage and other facilities in the vicinity of the proposed facility.

3. The location(s), if any, for interconnection with other telecommunications facilities.

4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant requests to temporarily or permanently remove or relocate.

5. A preliminary construction schedule and completion date.

6. A preliminary traffic control plan, if applicable.

7. Information to establish that the applicant has obtained all other governmental approvals and licenses to construct and operate the facilities and to offer or provide the telecommunications services.

8. A certification from a registered professional engineer that the drawings, plans and specifications submitted with the application that comply with applicable technical codes, rules and regulations.

9. A report indicating the anticipated capacity of the telecommunications support structure, including the number and types of antennas which can be accommodated.

10. A visual study containing, at a minimum, a vicinity map depicting where, within the city of Fairview, any portion of the proposed tower which could be visible and a graphic simulation showing the appearance of the proposed tower and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the planning director and applicant.

This study shall be required for transmission towers only.

11. A landscape plan drawn to scale showing proposed landscaping, including type, spacing, size and irrigation methods. This plan shall not be required for co-location on existing buildings or where there is no opportunity to provide additional landscaping.

12. Evidence demonstrating co-location is impractical on existing structures, existing transmission towers and existing tower facility sites for reasons of safety, available space, or failing to meet service coverage area needs. This evidence shall not be required for co-location proposals.

13. Such other and further information as may be required by the city manager. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

A. All telecommunications facilities shall meet the following design criteria:

1. Site Size. Property upon which a new or co-located telecommunications facility is to be located shall be of a size, shape and location sufficient to provide:

a. Setback from any property line to the tower footprint which is at least two-thirds the tower height. This standard shall not apply to co-located facilities.

b. Protection to adjoining property from the potential impact of tower failure and ice falling from the tower. A licensed structural engineer’s analysis shall be submitted to demonstrate that such failure and ice fall will be accommodated on the site.

c. Separation from Pre-Existing Towers. Tower separation shall be measured by following a straight line from the base of the proposed new tower to the base of any pre-existing tower. Minimum separation distances (listed in linear feet) shall be as follows:

d. Each telecommunications facility shall include one adjacent parking space.

2. Co-location.

a. Applicants shall exhaust all co-location options prior to being granted a license by the city by:

i. Identifying all existing towers and other structures of sufficient height within the city to support co-location.

ii. Provide evidence that property owners declined to offer their property for lease.

b. New towers shall be constructed to accommodate future co-location, based on expected demand for transmission towers in the service area. Towers shall be designed to accommodate a minimum expansion of three two-way antennas for every 40 vertical feet of tower.

c. Antennas or attachments may be placed on existing structures such as athletic field light poles, utility poles or towers and tall buildings; provided, that the addition of the antenna equipment will not cause undue interference with the normal operation of utilities or existing transmission facilities and the tower or attachment either complies with the height limit of the underlying zoning district or is no more than 10 feet taller than the existing structure in a residential neighborhood or is no more than 20 feet taller than the existing structure in an agricultural or commercial zoning district. The color and design of such antennas, attachments and any ancillary facilities shall be compatible with the existing structure.

d. Applicants shall provide a report indicating the anticipated capacity of the telecommunications support structure, including the number and types of antennas which can be accommodated.

3. Height.

a. The height of a telecommunication facility shall include the support structure and any attached antennas proposed at the time of application.

b. Maximum height for a telecommunication support structure and antennas shall not exceed the maximum height allowed by the city airport overlay zone per Chapter 19.95 FMC.

c. Antennas attached to any building or facility shall not exceed the maximum height limitation set forth in subsection (A)(2) of this section.

d. Maximum allowable heights are as follows:

i. Community service/parks: 45 linear feet.

ii. F-2 – Agricultural holding: 55 linear feet.

iii. NC – Neighborhood commercial: 45 linear feet.

iv. TCC – Town center commercial: 45 linear feet.

v. CC – Corridor commercial: 55 linear feet.

vi. GI – General manufacturing: 55 linear feet.

vii. LI – Light manufacturing: 55 linear feet.

viii. V-O – Village office: 45 linear feet.

ix. VC – Village commercial: 45 linear feet.

x. VMU – Village mixed use: 45 linear feet.

4. Visual Impact. An applicant shall demonstrate that the tower or other facility will have the least visual impact on the environment by addressing the following:

a. The height and mass of the transmission tower shall not exceed that which is essential for its intended use and public safety as demonstrated in a report prepared by a licensed structural engineer.

b. All towers shall be painted in order to best camouflage the tower with regard to compatibility with surrounding objects and colors and as approved by the city. Unless towers are otherwise disguised or co-located, towers shall be camouflaged as trees whenever structurally possible.

c. Equipment shelters, buildings and cabinets housing radio electronics equipment shall be concealed, camouflaged or placed underground.

d. Telecommunication facility antennas shall be made to blend with the predominant background or architectural features to the greatest extent possible as seen from abutting uses, roadways or other public ways or thoroughfares and shall match the color of the facility to which they are attached whenever possible.

e. Antennas shall be designed to minimize their appearance to surrounding development.

f. A visual study containing, at a minimum, a vicinity map depicting where, within the city of Fairview, any portion of the proposed tower could be visible, and a graphic simulation showing the appearance of the proposed tower and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the planning director and applicant. This study shall not be required for co-location on preexisting transmission towers, but shall be required for co-location on other structures.

5. Fencing and Landscaping.

a. Telecommunications facilities shall be enclosed by a six-foot tall wall or fence which is compatible with surrounding walls or fencing.

b. Landscaping shall be placed outside of fences and shall consist of fast growing vegetation with a minimum planted height of six feet placed densely to form a solid hedge and shall be compatible with surrounding landscaping.

c. When antennas, attachments or ancillary facilities are to be located on existing buildings or structures and are secure from public access, landscaping and fencing requirements may be waived.

d. A landscape plan drawn to scale showing proposed landscaping, including type, spacing, size and irrigation methods, shall be provided. This plan shall not be required for co-location on existing buildings or where there is no opportunity to provide additional landscaping.

6. Signage.

a. All telecommunications support structures shall be identified with a non-illuminated sign not to exceed two square feet. The sign shall list the telecommunication provider’s name and emergency telephone number(s) and shall be posted in a place visible to the general public. The sign shall be constructed of weather resistant material and lettering shall contrast with the sign’s background.

b. Lettering, symbols, images or trademarks large enough to be legible to occupants of vehicular traffic on any adjacent roadway shall not be placed on or affixed to any part of a telecommunications facility or portion thereof other than as required by federal, state or county regulation(s) and subsection (A)(6)(a) of this section.

7. Lighting. Telecommunications facilities shall not be illuminated except as required by the Federal Aviation Administration and/or the Oregon State Aeronautics Division. High intensity white lights shall not be located on transmission towers.

8. Noise Reduction. Noise generating equipment shall be sound-buffered by means of baffling, barriers or other suitable means to reduce the sound level measured at the property line to 30 dBA above the level of ambient background noise when adjacent to residential uses and 45 dBA above the level of ambient background noise in other areas.

9. Anti-Climbing Devices. All telecommunications transmission towers and required fencing shall be equipped with appropriate anti-climbing devices.

10. Attachment to Trees Prohibited. It is prohibited to attach any telecommunications facility or portion thereof to any tree.

B. Setbacks.

1. Ancillary facilities and telecommunications support structures which are attached to existing buildings or other permanent structures shall comply with the setback requirements for the underlying zoning district.

2. Telecommunications support structures and transmission towers shall be set back from any property line by a minimum distance equal to or greater than 1.5 times the height of the transmission tower.

3. Setbacks for telecommunications support structures and transmission towers shall be measured from the ground level base of the structure.

4. The setback in any zoning district may be reduced if the applicant can demonstrate that:

a. Reduction in the setback increases the screening opportunities between the facility and abutting uses.

b. The reduction in setback is the minimum required to achieve the increased screening of the facility for abutting uses.

c. The reduction in setback shall be wide enough to accommodate required landscaping and fencing.

d. The reduction in setback will not cause a greater visual, aesthetic or safety impact to abutting uses. (Ord. 6-2001 § 1)

A. Community Service/Parks.

1. Maximum height for telecommunications transmission towers shall be 45 linear feet.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

B. F-2 – Agricultural.

1. Maximum height for telecommunications shall be subject to the limitations set forth by the airport overlay zone.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

6. Community service/parks are conditionally permitted.

C. NC – Neighborhood Commercial.

1. Maximum height for telecommunications transmission towers shall be 45 linear feet.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

6. Community service/parks are conditionally permitted.

D. TCC – Town Center Commercial.

1. Maximum height for telecommunications transmission towers shall be 45 linear feet.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

6. Community service/parks are conditionally permitted.

E. CC – Corridor Commercial.

1. Maximum height for telecommunications transmission towers shall be 55 linear feet.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

6. Community service/parks are conditionally permitted.

F. GI – General Manufacturing.

1. Maximum height for telecommunications transmission towers shall be subject to the limitations set forth by the airport overlay zones.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are conditionally permitted.

4. Monopoles are permitted.

5. Antennas are permitted.

6. Community service/parks are conditionally permitted.

G. LI – Light Manufacturing.

1. Maximum height for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

6. Community service/parks are conditionally permitted.

H. VO – Village Office.

1. Maximum height for telecommunications transmission towers shall be 45 linear feet.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

I. VC – Village Commercial.

1. Maximum height for telecommunications transmission towers shall be 45 linear feet.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

J. VMU – Village Mixed Use.

1. Maximum height for telecommunications transmission towers shall be 45 linear feet.

2. Minimum setback for telecommunications support structures and transmission towers shall be 1.5 times the height of the support structure or transmission tower.

3. Guyed towers are not permitted.

4. Monopoles are conditionally permitted.

5. Antennas are permitted.

K. Prohibited Use.

1. Telecommunications facilities including telecommunications support structures, transmission towers, ancillary facilities and antennas shall not be permitted in the following zoning districts:

a. R – Residential.

b. RM – Residential-medium.

c. M-H – Manufactured housing park.

d. VSF – Village single-family.

e. VTH – Village townhouse residential.

f. VA – Village apartment.

2. Lattice towers are not permitted.

L. Use Summary. For the purpose of this sub-section:

1. “P” shall mean permitted use.

2. “C” shall mean conditional use.

3. “X” shall mean specifically prohibited. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)