(Repealed by Ord. 6-2009)

(Repealed by Ord. 6-2009)

(Repealed by Ord. 6-2009)

This article specifies application requirements and procedures for obtaining land use permits required for development within the city of Fairview. Table 19.413.050 provides permit and decision-making requirements for land use permit applications. (Ord. 1-2012 § 1; Ord. 6-2009 § 2 (Att. 1))

This article shall be administered by the community development director or designee. (Ord. 1-2012 § 1; Ord. 6-2009 § 2 (Att. 1))

Unless otherwise specified in the decision or elsewhere in this title, an approved land use decision shall expire two years from date of final decision. (Ord. 1-2012 § 1)

A preapplication conference is required for Type II, III, and IV applications. Preapplication conferences are held to provide direction, information, and a description of the land use permitting process for applicants prior to submission of a land use permit.

The applicant must submit the following items to the community development department two weeks prior to the preapplication meeting:

A. Signed application form.

B. Fee.

C. Preliminary site plan and drawings.

D. Project description.

E. Questions the applicant may have regarding the land use process, development standards, permitting procedures and application requirements. (Ord. 6-2009 § 2 (Att. 1))

Applications and requests for actions authorized under this title shall be made in accordance with provisions of this chapter and shall include:

A. Application fee as adopted by the city council.

B. Completed application form signed by all owners of property included in the proposal or written authorization signed by the property owner(s) allowing the applicant to act as agent on behalf of property owners.

C. Plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be built upon.

D. Sizes and locations on the lot of the buildings and other structures, existing and proposed.

E. Existing and intended use of each building, structure, or part thereof.

F. All information specified on the site plan and application requirements form, the land use application submission requirements form, and the fire access and protection form.

G. Include one set of address labels for all real property owners of record who are entitled to notice of the application as required by Chapter 19.413 FMC.

H. Narrative demonstrating compliance with all applicable sections of the Fairview Municipal Code and Comprehensive Plan. (Ord. 6-2009 § 2 (Att. 1))

Applications for more than one land use review on the same property may be processed in a single hearing. (Ord. 6-2009 § 2 (Att. 1))

A. Applications for action authorized under this title shall be processed in accordance with ORS 227.178.

B. Time limit and appeal from ruling of planning commission.

Final action or ruling on any request pursuant to this title, including resolution of all appeals under ORS 227.180, shall be given within 120 calendar days after an application is received and is deemed complete. This section does not apply to amendment of an acknowledged Comprehensive Plan or adoption of a new land use regulation. (Ord. 6-2009 § 2 (Att. 1))

A. The community development director shall review applications for consistency with submission requirements of the Fairview Municipal Code. Applications that do not meet submission requirements shall be deemed incomplete for the purpose of ORS 227.178 and Chapter 19.400 FMC. The community development director shall provide notice to the applicant as to whether an application is complete or incomplete within 30 calendar days of receipt of the application. If the application is deemed incomplete, written notice shall be provided to the applicant that specifies information needed to make the application complete.

B. When an application is deemed complete, the community development director shall note the date of completeness. The completeness date will be determined the day materials were submitted to make the application complete. If the application was complete upon submission, the original submission date of the application shall be the complete date. If the application was deemed incomplete and additional materials were submitted, the completeness date shall be the date the additional materials were submitted. An application shall be deemed complete when the following are submitted:

1. Application form that is properly filled out and signed;

2. Application fee has been paid;

3. The correct number of copies of the application materials has been provided;

4. Authorization of the property owner to submit the application;

5. All required submittal information identified in FMC 19.412.020.

C. If the application was complete when first submitted, or the applicant submits the requested additional information within 180 calendar days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted. (Ord. 6-2009 § 2 (Att. 1))

The community development director shall:

A. Prepare application forms based on the criteria and standards in applicable state law, the city’s comprehensive plan, and implementing ordinance provisions;

B. Accept all development applications which comply with this chapter;

C. Prepare a staff report for Type II, III, and IV applications that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or nonconformance with the criteria, and a recommended decision. The decision shall approve, deny, or approve with specific conditions that ensure conformance with approval criteria;

D. Provide public notice.

1. In the case of an application subject to a Type II review process, the city shall make the staff report and all case-file materials available at the time that the notice of the decision is issued;

2. In the case of an application subject to a hearing (Type II appeal, Type III, or IV process), the city shall make the staff report available to the public at least seven days prior to the scheduled hearing date, and make the case-file materials available when notice of the hearing is mailed, as provided by FMC 19.413.020 (Type II), 19.413.030 (Type III), or 19.413.040 (Type IV);

E. Administer the hearings process consistent with FMC 19.412.070;

F. File notice of the final decision in the city’s records and mail a copy of the notice of the final decision to the applicant; all persons who provided comments or testimony; persons who requested copies of the notice; and any other persons entitled to notice by law;

G. Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and

H. Administer the appeals and review process. (Ord. 6-2009 § 2 (Att. 1))

A. Conduct and Process. At the commencement of the hearing, the hearings body shall state to those in attendance the following:

1. The applicable approval criteria and standards that apply to the application or appeal.

2. A statement that testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations which the person testifying believes to apply to the decision.

3. A statement that failure to raise an issue with sufficient detail to give the hearings body and the parties an opportunity to respond to the issue, means that no appeal may be made to the State Land Use Board of Appeals on that issue.

4. Before the conclusion of the initial evidentiary hearing, any participant may ask the hearings body for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The hearings body shall grant the request by scheduling a date to finish the hearing (a “continuance”) per subsection B of this section, or by leaving the record open for additional written evidence or testimony per subsection C of this section.

5. Failure to raise constitutional or other issues relating to the proposed conditions of approval with sufficient detail to allow the hearings body to respond to the issue precludes an action for damages in circuit court.

B. Continuation of Hearing. If the hearings body grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence.

The planning commission or city council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time.

C. Record. If the hearings body leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings body shall reopen the record as follows:

1. When the hearings body reopens the record to admit new evidence or testimony, any person may raise new issues which relate to that new evidence or testimony.

2. An extension of the hearing or record is subject to the limitations of ORS 227.178 (“120-day rule”), unless the continuance or extension is requested or agreed to by the applicant.

3. The city shall allow the applicant at least seven days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence. (Ord. 6-2009 § 2 (Att. 1))

Type I decisions are made by the community development director, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria, and applying city standards and criteria requires no use of discretion.

A. Notification. Notification is not required. The decision is final on the date it is mailed or otherwise provided to the applicant. The decision is effective the day after it is final.

B. Decision. A decision shall grant or deny the application. The decision will be made within 10 days of receipt of a complete application in the community development department. An applicant will be notified by phone or by mail within five days of the decision. The decision shall address approval criteria. Based on criteria, the decision shall approve, approve with conditions, or deny the requested permit or action. A written record of decision shall be provided to applicant and kept in the city file.

Type I decisions are effective the day after they become final and cannot be appealed. (Ord. 6-2009 § 2 (Att. 1))

Type II decisions are made by the community development director with public notice and an opportunity for a public hearing. The community development director may determine that a public hearing is appropriate and needed because of the complexity or need for discretionary review. The appeal of a Type II decision is heard by the planning commission consistent with FMC 19.414.020.

A. Repealed by Ord. 1-2012.

B. Notice of Decision. Within 30 days of the receipt of a complete application, the director will mail a notice of tentative decision to adjacent property owners within 100 feet of the outer boundaries of the site. Based on the criteria and the facts contained within the record, the community development director shall approve, approve with conditions, or deny the requested permit or action. A written record of the decision shall be provided to the applicant and kept on file at City Hall. This notice shall contain the following:

1. A description of the request.

2. Description of the tentative decision and the specific permits or approvals requested and the nature of the application and the proposed uses which could be authorized.

3. List of applicable criteria used to decide the application.

4. Findings and conclusions based on the applicable criteria.

5. The deadline for the 14-day comment period where persons may request a public hearing and provide for potentially affected persons to communicate concerns to the community development director.

6. State that failure to raise an issue prior to the end of the 14-day comment period accompanied by statements and evidence sufficient to afford the decision maker and the parties an opportunity to respond precludes an appeal on that issue, and only comments on the relevant approval criteria will be considered.

7. The deadline for the 14-day appeal period where persons may appeal the decision to the planning commission.

8. The name and telephone number of a contact person regarding the administrative decision.

9. Description of the property, including the street address or other easily understandable reference to the location of the site.

10. All conditions necessary to support approval of the application.

C. Public Notice Requirements. The tentative notice of decision shall be mailed to the owner, applicant, and all property adjacent property owners within 100 feet of the outer boundaries of the site, and all governmental agencies entitled to notice. A 14-day comment period shall be given from the date of the tentative notice of decision was mailed to state objections or submit written comments. If comments are not received, the tentative decision becomes final. Once the decision becomes final, a 14-day appeal period begins.

D. If comments are received and the tentative notice of decision is changed, the applicant, property owner, and all property owners within the notification area shall be renotified. If either the applicant or persons with concerns are not satisfied with the director’s decision, they may appeal the final decision during the 14-day appeal period and the matter will be subject to the provisions of FMC 19.414.020, Type II review. (Ord. 1-2012 § 2; Ord. 6-2009 § 2 (Att. 1))

Type III decisions are made by the planning commission after a public hearing. Appeals of Type III decisions are reviewed and decided by the city council.

A. Public Notification. Notice of the public hearing shall be mailed to the property owner and applicant, if different, and to all property owners within 250 feet of the outer boundaries of the site, not less than 20 days prior to the date of the hearing. Notice must also be provided in a public news paper at least 20 days prior to the hearing date. In addition, a sign indicating the date of the public hearing, shall be posted on the subject property not less than 10 days prior to the date of the hearing. Notice must also be provided at least 20 days prior to the scheduled hearing to any neighborhood or community organization recognized by the city whose boundaries include the subject property.

B. Content of Public Notices. The mailed and published notices shall be consistent with ORS 197.763 and include the following information:

1. The file number and city contact information.

2. A description of the location of the proposal that effectively and clearly describes the location of the geographic area.

3. An explanation of the nature of the application and the proposed use or uses which could be authorized.

4. A list of the applicable criteria from the ordinance that apply to the application at issue.

5. The time(s), place(s), and date(s) of the public hearing(s).

6. A statement that public oral or written testimony is invited.

7. A statement that the failure of an issue to be raised in a hearing, in person, or by letter or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal on the issue.

8. A statement that a copy of the staff report will be available for inspection at no cost and a copy will be provided as a reasonable cost at least seven days before the hearing.

C. Public Hearing. The planning commission conducts a public hearing and renders a decision on the matter including findings, conclusions, and conditions, if necessary, consistent with FMC 19.412.070.

D. Notice of Decision. Written notice of a Type III decision shall be mailed to the applicant and to all participants of record within five business days after the hearings body decision. Failure of any person to receive mailed notice shall not invalidate the decision; provided, that a good faith attempt was made to mail the notice. The notice of decision shall include the following:

1. The file number and city contact information.

2. Description of the property, including the street address or other easily understandable reference to the location of the site.

3. All approval criteria and findings and conclusions in support of the decision adopted by the planning commission.

4. Decision made by the planning commission and conditions in support of the decision adopted by the planning commission.

5. Appeal process and deadline.

6. List of applicable criteria used to decide the application. (Ord. 6-2009 § 2 (Att. 1))

A. Type IV matters are considered initially by the planning commission with final decisions made by the city council. Type IV procedures apply to legislative matters and involve the following:

1. Zoning map amendments.

2. Development code text amendments.

3. Comprehensive plan text amendments.

4. Comprehensive plan map amendments.

5. Planned developments.

6. Park master plans.

7. Master plan adoption.

8. Annexations.

B. Required Hearings. A minimum of two hearings, one before the planning commission, and one before the city council, are required for all Type IV applications, except annexations where only a hearing by the city council is required.

C. Public Notification Requirements. Notice of public hearings shall be given by the city in the following manner:

1. At least 30 days, but not more than 40 days, before the date of the first hearing on an ordinance that proposes to amend the comprehensive plan or any element thereof, or to adopt an ordinance that proposes to rezone property, a notice shall be prepared in conformance with ORS 227.175 and mailed to:

a. Each owner whose property would be rezoned in order to implement the ordinance.

b. Any affected governmental agency.

c. Recognized neighborhood groups or associations affected by the ordinance.

d. Any person who requests notice in writing.

e. For a zone change affecting a manufactured home or mobile home park, all mailing addresses within the park, in accordance with ORS 227.175.

f. Any property owner affected by the zone changes where the change in regulations becomes more restrictive than the current regulations shall be notified.

2. At least 10 days before the scheduled planning commission public hearing date, and 10 days before the city council hearing date, notice shall be published in a newspaper of general circulation in the city.

3. Metro and the Department of Land Conservation and Development (DLCD) shall be notified in writing of proposed Comprehensive Plan and development code amendments at least 35 days before the first public hearing at which public testimony or evidence will be received.

4. Notifications for annexation shall follow the provisions of this chapter. The notice must be received by the Department of Land Conservation and Development no later than 35 days prior to the evidentiary hearing.

D. Content of Notices. The mailed and published notices shall be consistent with ORS 227.186 and 197.610 and include the following information:

1. The file number and city contact information.

2. A description of the location of the proposal that effectively and clearly describes the location of the geographic area.

3. A detailed description of the proposed changes/modifications, and the place where all relevant materials and information may be obtained or reviewed.

4. The time(s), place(s), and date(s) of the public hearing(s); a statement that public oral or written testimony is invited; and a statement that the hearing will be held under this title and rules of procedure adopted by the council and available at City Hall.

E. Failure to Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing:

1. Personal notice is deemed given where the notice is deposited with the United States Postal Service.

2. Published notice is deemed given on the date it is published.

F. Process.

1. The planning commission shall:

a. After notice and a public hearing, vote on and prepare a recommendation to the city council to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative; and

b. Within 10 business days of determining a recommendation, the presiding officer of the planning commission shall sign the written recommendation, and it shall be filed with the city recorder.

2. Any member of the planning commission who votes in opposition to the planning commission’s majority recommendation may file a written statement of opposition with the city before the council public hearing on the proposal. The community development director shall send a copy to each council member and place a copy in the record.

3. If the planning commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal, within 60 days of its first public hearing on the proposed change, the community development director shall:

a. Report the failure together with the proposed change to the city council; and

b. Provide notice and put the matter on the city council’s agenda, a public hearing to be held, and a decision to be made by the council. No further action shall be taken by the commission.

4. The city council shall:

a. Approve, approve with modifications, approve with conditions, deny, or adopt an alternative to an application for legislative change, or remand the application to the planning commission for rehearing and reconsideration on all or part of the application.

b. Consider the recommendation of the planning commission; however, it is not bound by the commission’s recommendation.

c. Adopt ordinances, which shall be signed by the mayor after the council’s adoption of the ordinance.

G. Decision Making Consideration. The recommendation by the planning commission and the decision by the city council shall be based on consideration of the following factors:

1. Statewide planning goals and guidelines.

2. Comments from applicable federal or state agencies.

3. Applicable intergovernmental agencies.

4. Applicable Comprehensive Plan policies.

H. Notice of Decision. Notice of a Type IV decision shall be mailed to the applicant, all participants of record, Metro, and the Department of Land Conservation and Development, within five business days after the city council decision is filed with the city manager or designate. The city shall also provide notice to all persons as required by other applicable laws.

I. Final Decision and Effective Date. A Type IV decision, if approved, shall take effect and shall become final as specified in the enacting ordinance or, if not approved, upon mailing of the notice of decision to the applicant. (Ord. 8-2021 § 1; Ord. 5-2012 § 2; Ord. 1-2012 § 3; Ord. 6-2009 § 2 (Att. 1))

(Ord. 6-2009 § 2 (Att. 1))

Type I decisions may not be appealed. (Ord. 6-2009 § 2 (Att. 1))

Type II administrative decisions may be appealed to the planning commission as follows:

A. Who May Appeal. Legal standing to appeal a Type II administrative decision applies as follows:

1. The applicant;

2. Any other person who participated in the proceeding by submitting written comments.

B. Appeal Procedure.

1. Notice of Appeal. Any person with standing to appeal, as provided in subsection A of this section, may appeal a Type II administrative decision by filing a notice of appeal according to the following procedures;

2. Time for Filing. A notice of appeal shall be filed with the community development director within 14 days of the date the tentative notice of decision became final (FMC 19.413.020(B));

3. Content of Notice of Appeal. The notice of appeal shall contain:

a. An identification of the decision being appealed, including the date of the decision;

b. A statement demonstrating the person filing the notice of appeal has standing to appeal;

c. A statement explaining the specific issues raised on appeal along with a statement or evidence documenting that the issues were raised during the comment period;

d. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period;

e. Filing fee.

C. Fees. The amount of the filing fee shall be established by resolution of the city council.

D. Scope of Appeal. The appeal of a Type II administrative decision by a person with standing shall be limited to the specific issues raised during the written comment period and presented in the notice of appeal, unless the hearings body decides otherwise. Only in extraordinary circumstances should new issues be considered by the hearings body on appeal of a Type II administrative decision. The applicant must submit the request in writing for community development consideration. The appeals shall be limited to the record unless the hearings body determines additional evidence is necessary to resolve the case. The purpose of this requirement is to limit the scope of Type II administrative appeals by encouraging persons with standing to submit their specific concerns in writing during the comment period.

E. Failure to file an appeal with the community development director by 5:00 p.m. on the due date in conformance with the requirements of this section including the proper filing fee shall be a jurisdictional defect, resulting in the immediate rejection of the appeal. Failure to amend an appeal to correct any identified deficiency within 14 calendar days of notice thereof shall be a jurisdictional defect, resulting in immediate rejection of the appeal.

E. Appeal Procedures. Type III notice and hearing procedures shall be used for all Type II administrative appeals.

F. Record. The record for a Type II appeal shall include all testimony and evidence submitted to the city during the 14-day comment period and not specifically rejected by the community development director. Evidence or testimony submitted after the comment period is generally not included within the record unless the hearings body expressly incorporates that information into the record.

G. Appeal to City Council. The decision of the planning commission for an appeal of a Type II administrative decision is the final decision unless the planning commission decision is appealed to city council. An appeal to city council shall follow the same notification and hearing procedures as for the planning commission appeal (FMC 19.414.030). (Ord. 6-2009 § 2 (Att. 1))

A. Appeal of Planning Commission Decisions. Any action or ruling of the planning commission pursuant to this title may be appealed to the city council. Written notice of the appeal shall be filed with the community development director within 14 calendar days of the date the planning commission notice of final decision was mailed.

B. Who May Appeal.

1. Any person who participated in the proceeding by submitting written comments.

2. Any person who testified at the public hearing.

3. All participants of record.

C. Content of Notice of Appeal. The notice of appeal shall contain:

1. An identification of the decision being appealed, including the date of the decision;

2. A statement demonstrating the person filing the notice of appeal has standing to appeal;

3. A statement explaining the specific issues raised on appeal along with a statement or evidence documenting that the issues were raised during the comment period;

4. If the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.

D. Filing Fee.

1. Fees. The amount of the filing fee shall be established by resolution of the city council.

E. Appeal Process. If the appeal is not filed within the 14-day period, the decision of the planning commission shall be final. If the appeal is filed, a report and recommendation on the planning commission’s decision shall be forwarded to the city council; and the council shall hold a public hearing on the appeal within 40 calendar days of receiving a request for an appeal. An appeal of a planning commission decision shall specify, in detail, the issues or findings in contention so as to afford the city council and interested parties an adequate opportunity to respond to and resolve each issue. The appeal shall be limited to the record, unless the city council determines additional evidence is necessary to resolve the case.

F. Failure to file an appeal with the community development director by 5:00 p.m. on the due date in conformance with the requirements of FMC 19.414.020 including the proper filing fee shall be a jurisdictional defect resulting in immediate rejection of the appeal. Failure to amend an appeal to correct any identified deficiency within 14 calendar days of notice thereof shall be a jurisdictional defect resulting in the immediate rejection of the appeal.

G. Notice of Appeal Hearing. Notice of the appeal hearing shall be provided to the applicant and other persons as otherwise provided by law; include a description of applicable criteria; include a street address or other geographical reference; state the time, date, and location of the hearing; state that failure to raise an issue in person or by letter precludes appeal and that failure to specify to which criterion the comment is directed precludes appeal based on that criterion; and be mailed at least 10 calendar days before the hearing. At the commencement of the city council appeal hearing, a statement shall be made to those in attendance that: describes the applicable substantive criteria, testimony and evidence must be directed at the issues raised in the appeal, and failure to address a criterion precludes an appeal based on that criterion. (Ord. 6-2009 § 2 (Att. 1))

Type IV decisions made by the city council are appealed to the State of Oregon Land Use Board of Appeals (LUBA). (Ord. 6-2009 § 2 (Att. 1))

An application which has been denied, or an application which was denied and which on appeal or review has not been reversed by a higher authority, including the land use board of appeals, the land conservation and development commission or the courts, may not be resubmitted as the same or a substantially similar proposal for the same land for a period of at least 12 months from the date the final city action is made denying the application, unless there is substantial change in the facts or a change in city policy which would change the outcome, as determined by the community development director. (Ord. 6-2009 § 2 (Att. 1))

A. The purpose of an amended decision process is to allow the city to correct typographical errors, rectify inadvertent omissions and/or make other minor changes which do not materially alter the decision.

B. The community development director may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 10 business days after the original decision would have become final, but in no event beyond the 120-day period required by state law. A new 10-day appeal period shall begin on the day the amended decision is issued.

C. Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.

D. Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures contained in FMC 19.415.020. All other requested changes to decisions that do not qualify as minor or major modifications shall follow the appeal process. (Ord. 6-2009 § 2 (Att. 1))

The purpose of this section is to allow for minor changes to land use decisions after the appeal period and the decision has become final including approved site plans that do not alter or contravene any adopted conditions of approval or established code requirements.

A. Minor changes to Type II and III land use application approvals may be approved at the staff level through the Type I process when the applicant demonstrates the proposed changes:

1. Does not increase the intensity of any use.

2. Meets all requirements of the underlying zone relating to building size and location and off-street parking and the standards of this title.

3. Does not result in deterioration or loss of any protected natural feature or open space, and does not negatively affect nearby properties.

4. Does not alter or contravene any conditions specifically placed on the development by the planning commission or city council.

5. Does not cause any public facility, including transportation, water, sewer and storm drainage, to fail to meet any applicable standards relating to adequacy of the public facility.

B. The record (meeting minutes) shall be reviewed by the community development director to ensure the requested modification does not conflict with the decisions and discussion that occurred during the planning commission or city council hearing. The community development director may refer the request to the decision-making body if believed the request is not consistent with criteria listed above and considerations of the hearing body during the public hearing process. (Ord. 6-2009 § 2 (Att. 1))

Significant changes to land use decisions that do not meet the criteria listed in FMC 19.415.020 require additional review by the original decision-making body. Major modifications to applications approved through the Type II process will also be reviewed through the Type II process. Major modifications to applications approved through the Type III process will also be reviewed through the Type III process.

A modification is considered a major modification if one or more of the following are proposed:

A. Change in land use.

B. Increase in number of dwellings.

C. Change in the type and/or location of access ways, drives, or parking that affect off-site traffic.

D. Increase of floor area (for residential use) by more than five percent where previously specified.

E. Reduction of area by more than five percent for common open space and/or usable open space. (Ord. 6-2009 § 2 (Att. 1))

Applicants are encouraged to meet with adjacent property owners and neighborhood representatives prior to submitting their application in order to solicit input and exchange information about the proposed development. In some cases, the city manager or his or her designee may require the applicant to meet with a city-recognized neighborhood association or group prior to accepting an application as complete. A neighborhood meeting is required for the following types of applications:

A. Subdivisions;

B. Site design review applications within the residential land use district;

C. Other development applications that are likely to have neighborhood or community-wide impacts (e.g., traffic, parking, noise, or similar impacts), as determined by the city manager or his or her designee. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

The purpose of this chapter is to:

A. Provide rules, regulations and standards for efficient and effective administration of site development review;

B. Carry out the development pattern and plan of the city and its comprehensive plan policies;

C. Promote the public health, safety and general welfare;

D. Lessen or avoid congestion in the streets, and secure safety from fire, flood, pollution and other dangers;

E. Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage;

F. Encourage the conservation of energy resources;

G. Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design. (Ord. 6-2001 § 1)

Development review or site design review shall be required for all new developments and modifications of existing developments, except that regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair shall be exempt. The criteria for each type of review are as follows in this chapter. (Ord. 7-2018 § 1 (Att. A); Ord. 6-2001 § 1)

Site design review is a discretionary review conducted by the planning commission with a public hearing. It applies to all developments in the city, except those specifically listed under FMC 19.422.020, Development review. Site design review ensures compliance with the basic development standards of the land use district (e.g., building setbacks, lot coverage, maximum building height), as well as other more detailed design standards and public improvement requirements in Articles II and III of this title. (Ord. 7-2018 § 1 (Att. A); Ord. 6-2001 § 1)

Development review is a nondiscretionary or “ministerial” review conducted by the city manager’s designee without a public hearing. It is for less complex developments and land uses that do not require site design review approval. Development review is based on clear and objective standards and ensures compliance with the basic development standards of the land use district, such as building setbacks, lot coverage, maximum building height, and similar provisions. Development review is required for all of the types of development listed below, except that all developments in sensitive land areas and historic districts shall also use the development review procedures for those districts:

A. Development in Residential Zoning Districts.

1. Single-unit detached dwelling (including manufactured homes),

2. Duplex, triplex, quadplex,

3. Townhouses,

4. Cottage clusters,

5. Accessory dwelling units (ADU);

B. Building additions of not more than 500 square feet, and minor modifications to development approvals;

C. Any proposed development which has a valid conditional use permit. Major modifications to a development with a conditional use permit shall require review and approval in accordance with Chapter 19.440 FMC, Conditional Use Permits;

D. Home occupation, subject to review under Chapter 19.490 FMC;

E. Temporary use, except that temporary uses shall comply with the procedures and standards for temporary uses as contained in Chapter 19.490 FMC;

F. Accessory structures with less than 600 square feet of floor area;

G. Other developments, when required by a condition of approval. (Ord. 1-2024 § 1 (Att. A); Ord. 8-2021 § 1; Ord. 7-2018 § 1 (Att. A); Ord. 6-2001 § 1)

Development review shall be conducted only for the developments listed in FMC 19.422.020 and it shall be conducted as a Type I procedure. Prior to issuance of building permits, the following standards shall be met:

A. The proposed land use is permitted by the underlying land use district.

B. The land use, building/yard setback, lot area, lot dimension, density, lot coverage, building height and other applicable standards of the underlying land use district and any subdistrict(s) are met.

C. All applicable building and fire code standards are met.

D. The approval shall lapse, and a new application shall be required, if a building permit has not been issued within two years of site review approval, or if development of the site is in violation of the approved plan or other applicable codes. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

Site design review shall be conducted as a Type III procedure, as specified in FMC 19.424.020, using the procedures in Chapter 19.410 FMC, and using the approval criteria contained in Chapter 19.426 FMC. (Ord. 6-2001 § 1)

Applications for site design review shall be subject to Type II or Type III review, based on the following criteria:

A. Residential multi-unit dwellings (five or more units) units shall be reviewed as a Type III application.

B. Commercial, industrial, public/semi-public, and institutional buildings with 5,000 square feet of gross floor area or smaller shall be reviewed as a Type II application, except when development review is allowed under Chapter 19.423 FMC. Commercial, industrial, public/semi-public, and institutional buildings with greater than 5,000 square feet of gross floor area shall be reviewed as a Type III application.

C. Nonresidential developments with more than one building (e.g., industrial building with accessory workshop) shall be reviewed as Type III applications, notwithstanding the provisions contained in subsections A and B of this section.

D. Nonresidential developments with 25 or fewer off-street vehicle parking spaces shall be reviewed as Type II applications, and those with more than 25 off-street vehicle parking spaces shall be reviewed as Type III applications, notwithstanding the provisions contained in subsections A through C and E and F of this section.

E. Developments involving the clearing and/or grading of 10 acres or a larger area shall be reviewed as Type III applications, notwithstanding the provisions contained in subsections A through D and F of this section.

F. All developments in designated sensitive lands and historic overlay districts shall be reviewed as Type III applications. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

All of the following information is required for site design review application submittal. (Ord. 6-2001 § 1)

The applicant shall submit an application containing all of the general information required by FMC 19.413.020 (Type II Application) or FMC 19.413.030 (Type III Application), as applicable. The type of application shall be determined in accordance with FMC 19.424.020. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

An application for site design review shall include the following information, as deemed applicable by the city manager or designee:

A. Site Analysis Map. At a minimum the site map shall contain the following:

1. The applicant’s entire property and the surrounding property to a distance sufficient to determine the location of the development in the city, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions and gross area shall be identified;

2. Topographic contour lines at intervals determined by the city;

3. Identification of slopes greater than 25 percent;

4. The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site;

5. Potential natural hazard areas, including any areas identified as subject to a 100-year flood, areas subject to high water table, and areas mapped by the city, county, or state as having a potential for geologic hazards;

6. Resource areas, including marsh and wetland areas, streams, wildlife habitat identified by the city or any natural resource regulatory agencies as requiring protection;

7. Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;

8. Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;

9. The location, size and species of trees and other vegetation having a caliper (diameter) of six inches or greater at four feet above grade;

10. North arrow, scale, names and addresses of all persons listed as owners on the most recently recorded deed;

11. Name and address of project designer, engineer, surveyor, and/or planner, if applicable;

12. Other information, as determined by the city. The city may require studies or exhibits prepared by qualified professionals to address specific site features.

B. Proposed Site Plan. The site plan shall contain the following information, if applicable:

1. The proposed development site, including boundaries, dimensions, and gross area;

2. Features identified on the existing site analysis map which are proposed to remain on the site;

3. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;

4. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;

5. The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;

6. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access;

7. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops, as applicable);

8. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;

9. Loading and service areas for waste disposal, loading and delivery;

10. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable;

11. Location, type, and height of outdoor lighting;

12. Location of mail boxes, if known;

13. Name and address of project designer, if applicable;

14. Location of bus stops and other public or private transportation facilities;

15. Locations, sizes, and types of signs;

16. Other information, determined by the city. The city may require studies or exhibits prepared by qualified professionals to address specific site features (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this code.

C. Architectural Drawings. Architectural drawings shall be submitted showing:

1. Building elevations (as determined by the city with building height and width dimensions;

2. Building materials, color and type;

3. The name of the architect or designer.

D. Preliminary Grading Plan. A preliminary grading plan prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of 1,000 cubic yards or greater. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required.

E. Landscape Plan. A landscape plan is required and shall show the following:

1. The location and height of existing and proposed fences and other buffering or screening materials;

2. The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;

3. The location, size, and species of the existing and proposed plant materials (at time of planting);

4. Existing and proposed building and pavement outlines;

5. Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic or other approved method of irrigation) and anticipated planting schedule;

6. Other information as deemed appropriate by the city. An arborist’s report may be required for sites with mature trees that are protected under this code;

7. Sign drawings shall be required in conformance with the city’s sign code;

8. Copies of all existing and proposed restrictions or covenants;

9. Letter or narrative report documenting compliance with the applicable approval criteria contained in Chapter 19.426 FMC. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

The review authority shall make written findings with respect to all of the following criteria when approving, approving with conditions, or denying an application. (Ord. 6-2001 § 1)

The application must be complete, as determined in accordance with FMC 19.412.050, on types of applications, and Chapter 19.425 FMC. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

The application complies with all of the applicable provisions of the underlying land use district, including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses. (Ord. 6-2001 § 1)

The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 19.530 FMC, Nonconforming Uses and Development. (Ord. 6-2001 § 1)

The application complies with the design standards contained in Article III of this title. All of the following standards shall be met:

A. Chapter 19.162 FMC – Access and Circulation;

B. Chapter 19.163 FMC – Landscaping, Street Trees, Fences and Walls;

C. Chapter 19.164 FMC – Automobile and Bicycle Parking;

D. Chapter 19.165 FMC – Public Facilities Standards;

E. Other standards (telecommunications facilities, solid waste storage, environmental performance, signs), as applicable. (Ord. 6-2001 § 1)

All conditions required as part of an approval shall be met. (Ord. 6-2001 § 1)

Exceptions to criteria in FMC 19.426.040(A) through (E) may be granted only when approved as a variance. (Ord. 6-2001 § 1)

On all projects where public improvements are required, the city shall require a bond in an amount not greater than 110 percent or other adequate assurances as a condition of site development approval in order to guarantee the public improvements. (Ord. 6-2001 § 1)

The bond or assurance shall be released when the city finds the completed project conforms to the site development approval, including all conditions of approval. (Ord. 6-2001 § 1)

Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by the city is filed with the city recorder assuring such installation within 12 months after occupancy. If the installation of the landscaping is not completed within the 12-month period, the security may be used by the city to complete the installation. (Ord. 6-2001 § 1)

The applicant shall ensure that all business occupants of the completed project, whether permanent or temporary, shall apply for and receive a city business license prior to initiating business. (Ord. 6-2001 § 1)

Development shall not commence until the applicant has received all of the appropriate land use development approvals (i.e., site design review approval) and building permits. Construction of public improvements shall not commence until the city has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The city may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with Chapter 19.427 FMC. Development review and site design review approvals shall be subject to all of the following standards and limitations. (Ord. 6-2001 § 1)

Minor modifications of an approved plan or existing development, as defined in Chapter 19.415 FMC, shall be processed as a Type I procedure and require only site review. Major modifications, as defined in Chapter 19.415 FMC, shall be processed as a Type II or Type III procedure and shall require site design review. For information on Type I, Type II and Type III procedures, please refer to Chapter 19.410 FMC. For modifications approval criteria, please refer to Chapter 19.415 FMC. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

Development review and site design review approvals shall be effective for a period of two years from the date of approval. The approval shall lapse if:

A. A building permit has not been issued within a two-year period; or

B. Construction on the site is in violation of the approved plan. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The community development director may, upon written request by the applicant, grant an extension of the approval period not to exceed one year; provided, that:

A. No changes are made on the original approved site design review plan.

B. The applicant can show intent of initiating construction on the site within the one-year extension period.

C. There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new site design review shall be required.

D. The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant’s control. (Ord. 6-2001 § 1)

Phasing of development may be approved with the site design review application, subject to the following standards and procedures:

A. A phasing plan shall be submitted with the site design review application.

B. The city shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than seven years without reapplying for site design review.

C. Approval of a phased site design review proposal requires satisfaction of all of the following criteria:

1. The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;

2. The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required public improvements. A temporary public facility is any facility not constructed to the applicable city or district standard, subject to review by the city engineer;

3. The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as part of the approved development proposal; and

4. An application for phasing may be approved after site design review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter 19.415 FMC). (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

The purpose of this chapter is to:

A. Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments.

1. Subdivisions involve the creation of four or more lots from one parent lot, parcel or tract, within one calendar year.

2. Partitions involve the creation of three or fewer lots within one calendar year.

3. Lot line adjustments involve modifications to lot lines or parcel boundaries which do not result in the creation of new lots.

B. Carry out the city’s development pattern, as envisioned by the Comprehensive Plan.

C. Encourage efficient use of land resources, full utilization of urban services, and transportation options.

D. Promote the public health, safety and general welfare through orderly and efficient urbanization.

E. Lessen or avoid traffic congestion, and secure safety from fire, flood, pollution and other dangers.

F. Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage.

G. Encourage the conservation of energy resources. (Ord. 6-2001 § 1)

A. Subdivision and Partition Approval through Two-Step Process. Applications for subdivision or partition approval shall be processed through a two-step process: the preliminary plat and the final plat.

1. The preliminary plat shall be approved before the final plat can be submitted for approval consideration; and

2. The final plat shall demonstrate compliance with all conditions of approval of the preliminary plat.

B. Compliance with ORS Chapter 92. All subdivision and partition proposals shall be in conformance to state regulations set forth in Oregon Revised Statutes (ORS) Chapter 92, Subdivisions and Partitions.

C. Future Redivision Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the underlying land use district), the city shall require that the lots be of such size, shape, and orientation as to facilitate future re-division in accordance with the requirements of the land use district and this code. A redivision plan shall be submitted which identifies:

1. Potential future lot division(s) in conformance with the housing and density standards.

2. Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way.

3. A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the city or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.

D. Lot Size Averaging. Single-unit residential lot size may be averaged to allow lots less than the minimum lot size in the residential district, as long as the average area for all lots is not less than allowed by the district. No lot created under this provision shall be less than 80 percent of the minimum lot size allowed in the underlying district. For example, if the minimum lot size is 10,000 square feet, the following three lots could be created: 10,000 square feet, 9,000 square feet, and 8,000 square feet.

E. Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in FMC 19.490.100, Temporary use permits.

F. Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. No new building lots shall be created entirely within a floodway. All new lots shall be buildable without requiring development within the floodway. Development in a 100-year floodplain shall comply with Federal Emergency Management Agency requirements, including filling to elevate structures above the base flood elevation. The applicant shall be responsible for obtaining such approvals from the appropriate agency before city approval of the final plat.

G. Determination of Base Flood Elevation. Where a development site consists of two or more lots, or is located in or near areas prone to inundation, and the base flood elevation has not been provided or is not available from another authoritative source, it shall be prepared by a qualified professional, as determined by the city manager or his or her designee.

H. Need for Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to prevent or minimize flood damage to the extent practicable.

I. Need for Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage provided to reduce exposure to flood damage. Water quality or quantity control improvements may be required.

J. Floodplain, Park, and Open Space Dedications. Where land filling and/or development is allowed within or adjacent to the 100-year floodplain outside the zero-foot rise floodplain, and the Comprehensive Plan designates the subject floodplain for park, open space, or trail use, the city may require the dedication of sufficient open land area for a greenway adjoining or within the floodplain. When practicable, this area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the city’s adopted trails plan or pedestrian and bikeway plans, as applicable. The city shall evaluate individual development proposals and determine whether the dedication of land is justified based on the development’s impact to the park and/or trail system. (Ord. 1-2024 § 1 (Att. A); Ord. 8-2021 § 1; Ord. 6-2001 § 1)

A. Review of Preliminary Plat. Review of a preliminary plat for a subdivision or partition with 10 or fewer lots shall be processed by means of a Type II procedure, as governed by FMC 19.413.020. Preliminary plats with greater than 10 lots shall be processed with a Type III procedure under FMC 19.413.030. All preliminary plats shall be reviewed using approval criteria contained in FMC 19.430.140. An application for subdivision may be reviewed concurrently with an application for a master planned development under Chapter 19.450 FMC.

B. Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed by means of a Type I procedure under Chapter 19.413 FMC, using the approval criteria in FMC 19.430.160.

C. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of one year from the date of approval. The preliminary plat shall lapse if a final plat has not been filed with the county within that one-year period unless extended consistent with subsection E of this section.

D. Modifications. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 19.415 FMC, Amendments to Decisions.

E. Extensions. The public works director or designee shall, upon written request by an applicant and payment of the required fee, grant up to two one-year extensions of the approval period not to exceed one year each. For a preliminary plat approved in 2007 or 2008, the city manager or designee may, if requested during the 2013 calendar year, approve a fifth extension for periods up to six months expiring no later than December 31, 2014.

All extensions are subject to the following:

1. Any changes to the preliminary plat follow the procedures in Chapter 19.415 FMC;

2. The applicant has submitted written intent to file a final plat within the one-year extension period;

3. An extension of time will not prevent the lawful development of abutting properties;

4. There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

5. The extension request is made before expiration of the original approved plan.

6. The fee shall be paid for each extension request.

F. Phased Development.

1. The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be greater than two years without reapplying for a preliminary plat;

2. The criteria for approving a phased land division proposal are:

a. Public facilities shall be constructed in conjunction with or prior to each phase;

b. The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with FMC 19.430.180. A temporary public facility is any facility not constructed to the applicable city or district standard;

c. The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that were required as part of the approved development proposal; and

d. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 8-2021 § 1; Ord. 6-2013 § 1; Ord. 5-2012 § 1; Ord. 10-2011; Ord. 3-2010 § 1; Ord. 6-2009 § 4; Ord. 6-2001 § 1)

A. General Submission Requirements. For Type II subdivisions (10 lots or fewer) and partitions, the applicant shall submit an application containing all of the information required for a Type II procedure under FMC 19.413.020. For Type III subdivisions (greater than 10 lots), the application shall contain all of the information required for a Type III procedure under FMC 19.413.030, except as required for master planned neighborhood developments:

1. Master Planned Neighborhood Development. Submission of a master plan, as provided in Chapter 19.450 FMC, shall be required for:

a. Development sites in the residential district which are planned in accordance with the procedures for master planned developments.

The neighborhood master plan shall be approved either prior to, or concurrent with, the preliminary plat application.

B. Preliminary Plat Information. In addition to the general information described in subsection A of this section, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information:

1. General Information.

a. Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in the county in which it is located (please check with county surveyor);

b. Date, north arrow, and scale of drawing;

c. Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;

d. Names, addresses and telephone numbers of the owners, designer, and engineer or surveyor if any, and the date of the survey; and

e. Identification of the drawing as a “preliminary plat.”

2. Site Analysis.

a. Streets. Location, name, present width of all streets, alleys and rights-of-way on and abutting the site;

b. Easements. Width, location and purpose of all existing easements of record on and abutting the site;

c. Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest ones;

d. Ground elevations shown by contour lines at five-foot vertical intervals for ground slopes exceeding 10 percent and at two-foot intervals for ground slopes of less than 10 percent. Such ground elevations shall be related to some established bench mark or other datum approved by the county surveyor. This requirement may be waived for partitions when grades, on average, are less than two percent;

e. The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

f. Potential natural hazard areas, including any floodplains, areas subject to high water table, landslide areas, and areas having a high erosion potential;

g. Sensitive lands, including wetland areas, streams, wildlife habitat, and other areas identified by the city or natural resource regulatory agencies as requiring protection;

h. Site features, including existing structures, pavement, areas having unique views, and drainage ways, canals and ditches;

i. Designated historic and cultural resources on the site and adjacent parcels or lots;

j. The location, size and species of trees having a caliper (diameter) of six inches or greater at four feet above grade in conformance with Article III of this title;

k. North arrow, scale, name and address of owner;

l. Name and address of project designer, if applicable; and

m. Other information, as deemed appropriate by the city manager or his or her designee. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

3. Proposed Improvements.

a. Public and private streets, tracts, driveways, open space and park land; location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street center line grades. All streets and tracts which are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

b. Easements. Location, width and purpose of all easements;

c. Lots and Private Tracts (e.g., private open space, common area, or street). Approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all lots and tracts;

d. Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use;

e. Proposed improvements, as required by Article III of this title (Design Standards), and timing of improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.);

f. The proposed source of domestic water;

g. The proposed method of sewage disposal, and method of surface water drainage and treatment if required;

h. The approximate location and identity of other utilities, including the locations of street lighting fixtures;

i. Proposed railroad crossing or modifications to an existing crossing, if any, and evidence of contact with Oregon Department of Transportation related to proposed railroad crossing(s);

j. Changes to navigable streams, shorelines or other water courses. Provision or closure of public access to these areas shall be shown on the preliminary plat, as applicable;

k. Identification of the base flood elevation for development in or near an identified floodplain. Evidence of contact with the Federal Emergency Management Agency to initiate a floodplain map amendment shall be required when development is proposed to modify a designated 100-year floodplain;

l. Evidence of contact with Multnomah County or Oregon Department of Transportation (ODOT) for any development requiring access to a county road or state highway as pertinent; and

m. Evidence of contact with the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands and other sensitive lands, as identified in Article III of this title. (Ord. 8-2021 § 1; Ord. 6-2009 § 4; Ord. 6-2001 § 1)

A. General Approval Criteria. The city may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:

1. The proposed preliminary plat complies with all of the applicable development code sections and other applicable ordinances and regulations. At a minimum, the provisions of this chapter, and the applicable sections of Article II (Land Use Districts) and Article III (Design Standards) of this title shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Article V (Exceptions);

2. The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

3. The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat; and

4. All proposed private common areas and improvements (e.g., homeowners’ association property) are identified on the preliminary plat.

B. Housing Density. The subdivision meets the city’s housing standards of Article II.

C. Block and Lot Standards. All proposed blocks (i.e., one or more lots bound by public streets), lots and parcels conform to the specific requirements below:

1. All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use district (Article II), and the standards for street connectivity and formation of blocks.

2. Setbacks shall be as required by the applicable land use district.

3. Each lot shall conform to the standards for access and circulation.

4. Landscape or other screening may be required to maintain privacy for abutting uses. See also Article II – Land Use Districts, and Article III – Landscaping.

5. In conformance with the Uniform Fire Code, a 20-foot width fire apparatus access drive shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way or approved access drive. See also Article III – Access and Circulation.

6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved subdivision or partition plat.

D. Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations, and may require reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties. See also Article III – Public Facilities. (Ord. 6-2001 § 1)

Adjustments to the standards of this chapter shall be processed in accordance with Chapter 19.520 FMC, Variances. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted. (Ord. 6-2001 § 1)

A. Submission Requirements. Final plats shall be reviewed and approved by the city prior to recording with Multnomah County. The applicant shall submit the final plat within one year of the approval of the preliminary plat as provided by FMC 19.430.120. Specific information about the format and size of the plat, number of copies and other detailed information can be obtained from the city manager or his or her designee.

B. Approval Criteria. By means of a Type I procedure, the city manager or his or her designee shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria:

1. The final plat complies with the approved preliminary plat, and all conditions of approval have been satisfied;

2. All public improvements required by the preliminary plat have been installed and approved by the city manager or his or her designee. Alternatively, the developer has provided a performance guarantee in accordance with FMC 19.430.190;

3. The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities;

4. The streets and roads held for private use have been approved by the city as conforming to the preliminary plat;

5. The plat contains a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, sewage disposal, storm drainage and water supply systems;

6. The applicant has provided copies of all recorded homeowners association codes, covenants, and restrictions (CC&R’s); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;

7. The plat complies with the applicable sections of this code (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);

8. Certification by the city or service district, as applicable, that water and sanitary sewer service is available to each and every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider to the city that such services will be installed in accordance with Chapter 19.165 FMC, Public Facilities Standards, and the bond requirements of FMC 19.430.190. The amount of the bond, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to review and approval by the city;

9. The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Geological Survey or giving two or more permanent objects for identifying its location. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

The following procedures apply to subdivisions and partitions when public improvements are required as a condition of approval:

A. Public Improvements Required. Before city approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved. Alternatively, the subdivider shall provide a performance guarantee, in accordance with FMC 19.430.190. (Ord. 6-2001 § 1)

A. Performance Guarantee Required. When a performance guarantee is required under FMC 19.430.180, the subdivider shall file an assurance of performance with the city supported by one of the following:

1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the state of Oregon;

2. A surety bond executed by a surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or

3. Cash.

B. Determination of Sum. The assurance of performance shall be for a sum determined by the city as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

C. Itemized Improvement Estimate. The developer shall furnish to the city an itemized improvement estimate, certified by a registered civil engineer, to assist the city in calculating the amount of the performance assurance.

D. Agreement. An agreement between the city and developer shall be recorded with the final plat that stipulates all of the following:

1. Specifies the period within which all required improvements and repairs shall be completed;

2. A provision that if work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the applicant;

3. Stipulates the improvement fees and deposits that are required;

4. Provides for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract.

The agreement may be prepared by the city, or in a letter prepared by the applicant. It shall not be valid until it is signed and dated by both the applicant and city manager or his or her designee.

E. When Subdivider Fails to Perform. In the event the developer fails to carry out all provisions of the agreement and the city has un-reimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit or letter of credit for reimbursement.

F. Termination of Performance Guarantee. The developer shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

A. Filing Plat with County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to Multnomah County for signatures of county officials as required by ORS Chapter 92.

B. Proof of Recording. Upon final recording with the county, the applicant shall submit to the city a mylar copy and two paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.

C. Prerequisites to Recording the Plat.

1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;

2. No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92. (Ord. 6-2001 § 1)

A. Replatting and Vacations. Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Consistency with ORS Chapter 92 is required.

B. Procedure. All applications for a replat or vacation shall be processed in accordance with the procedures and standards for a subdivision or partition (i.e., the same process used to create the plat shall be used to replat or vacate the plat). The same appeal rights provided through the subdivision and partition process shall be afforded to the plat vacation process.

C. Basis for Denial. A replat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable criteria.

D. Recording of Vacations. All approved plat vacations shall be recorded in accordance with FMC 19.430.200 and the following procedures:

1. Once recorded, a replat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

2. Vacations shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat.

E. After Sale of Lots. When lots have been sold, the plat may be vacated only in the manner herein, and provided that all of the owners of lots within the platted area consent in writing to the plat vacation.

F. Vacation of Streets. All street vacations shall comply with the procedures and standards set forth in city ordinance and ORS Chapter 271. (Ord. 6-2001 § 1)

Lot line adjustments include the consolidation of lots, and the modification of lot boundaries, when no new lots are created. The application submission and approvals process is as follows:

A. Submission Requirements. All applications for lot line adjustment shall be made on forms provided by the city and shall include information required for a Type I application, as governed by Chapter 19.413 FMC. The application shall include a preliminary lot line map identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; location of significant vegetation as defined and mapped in Chapter 19.163 FMC; existing fences and walls; and any other information deemed necessary by the city manager or his or her designee for ensuring compliance with city codes.

B. Approval Process.

1. Decision-Making Process. Lot line adjustments shall be reviewed by means of a Type I procedure, as governed by Chapter 19.413 FMC, using approval criteria contained in subsection C of this section.

2. Time Limit on Approval. The lot line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.

3. Lapsing of Approval. The lot line adjustment approval shall lapse if:

a. The lot line adjustment is not recorded within the time limit in subsection (B)(2) of this section;

b. The lot line adjustment has been improperly recorded with Multnomah County without the satisfactory completion of all conditions attached to the approval; or

c. The final recording is a departure from the approved plan.

C. Approval Criteria. The city manager or his or her designee shall approve or deny a request for a lot line adjustment in writing based on findings that all of the following criteria are satisfied:

1. No additional parcel or lot is created by the lot line adjustment;

2. Lot standards. All lots and parcels comply with the applicable lot standards of the land use district (Article II of this title) including lot area and dimensions;

3. Access. All lots and parcels comply with the standards or requirements of Chapter 19.162 FMC, Access and Circulation;

4. Setbacks. The resulting lots, parcels, tracts, and building locations comply with the standards of the land use district (Article II of this title); and

5. Exemptions from Dedications and Improvements. A lot line adjustment is not considered a development action for purposes of determining whether right-of-way dedication or improvement is required.

D. Recording Lot Line Adjustments.

1. Recording. Upon the city’s approval of the proposed lot line adjustment, the applicant shall record the lot line adjustment with Multnomah County within 60 days of approval (or the decision expires), and submit a copy of the recorded survey map to the city, to be filed with the approved application.

2. Time Limit. The applicant shall submit the copy of the recorded lot line adjustment survey map to the city within 15 days of recording and prior to the issuance of any building permits on the reconfigured lots.

E. Extension. The city shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that:

1. No changes are made on the original plan as approved by the city;

2. The applicant can show intent of recording the approved partition or lot line adjustment within the one-year extension period;

3. There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the lot line adjustment conflicts with a code change, the extension shall be denied; and

4. The extension request is made before expiration of the original approved plan. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

A. Expedited Land Divisions. An expedited land division (“ELD”) shall be defined and may be used as provided under ORS 197.360 through 197.380.

B. Middle Housing Land Division. A middle housing land division (“MHLD”) is the creation of multiple lots or parcels from a single parent lot on which a middle housing type (duplex, triplex, quadplex, townhouse, cottage cluster) is developed or proposed, which results in an individual lot for each of the middle housing units. The MHLD process follows the procedures defined by ORS 92.031.

1. Require that a notation appear on the final plat indicating:

a. The approval was given under ORS 92.031.

b. The type of middle housing approved on the parent lot and noting that this middle housing type is still subject to development requirements and standards that apply to the original middle housing development prior to the middle housing land division.

2. The city shall not attach conditions of approval that a child lot require separate driveways, vehicle access, parking, or minimum or maximum street frontage.

C. Preliminary Plat Procedures for Expedited and Middle Housing Land Division. Unless the applicant requests to use the procedure set forth in FMC 19.430.130, the city shall use the following procedure for an expedited land division (ELD), as described in ORS 197.360, or a middle housing land division (MHLD):

1. Completeness Review.

a. If the application for an ELD or MHLD is incomplete, the city shall notify the applicant of the missing information within 21 days of receiving an application. The application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

b. If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

2. Notice of Application.

a. On receipt of a complete application, written notice shall be provided to owners of property within 100 feet of the entire contiguous site for which the application is made and to any city council-recognized neighborhood association(s) whose boundaries include the site. Notice shall also be provided to any agency responsible for providing public services or facilities to the subject site. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee under ORS 197.375, this requirement shall be deemed met when the local government can provide an affidavit or other certification that such notice was given. The city may appoint a hearings officer as a referee.

b. The notice shall include the following:

i. The deadline for submitting written comments;

ii. A statement of issues that may provide the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period; and

iii. A statement that issues must be raised with sufficient specificity to enable the local government to respond to the issue;

iv. The applicable criteria for the decision;

v. The place, date, and time that comments are due;

vi. A time and place where copies of all evidence submitted by the applicant will be available for review;

vii. The street address or other easily understood geographical reference to the subject property;

viii. The name and telephone number of a city of Fairview contact;

ix. A brief summary of the local decision-making process for the land division decision being made.

3. There shall be a minimum 14-day period to allow for submission of written comments prior to the planning official’s decision.

4. There shall be no public hearing on the application.

5. The city manager or their designee shall make a decision on the application within 63 days of receiving a completed application.

6. The city manager or their designee’s decision shall be based on applicable elements of the Fairview Municipal Code and Comprehensive Plan. An approval may include conditions to en-sure that the application meets applicable land use regulations.

7. Notice of the decision shall be provided to the applicant and to those who received notice under subsection (C)(2) of this section within 63 days of the date of a completed application. The notice of decision shall include:

a. A summary statement explaining the determination; and

b. An explanation of appeal rights under ORS 197.375.

8. Failure to Approve or Deny Application Within Specified Time.

a. After seven days’ notice to the applicant, the city council may, at a regularly scheduled public meeting, take action to extend the 63-day time period to a date certain for one or more applications for an expedited land division prior to the expiration of the 63-day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. Upon approval of an extension, the provisions of ORS 197.360 to 197.380, including the mandamus remedy provided by ORS 197.370(1), shall remain applicable to the expedited land division, except that the extended period shall be substituted for the 63-day period wherever applicable.

b. The decision to approve or deny an extension under subsection (C)(1)(b) of this section is not a land use decision or limited land use decision.

9. A decision may be appealed within 14 days of the mailing of the decision notice by the applicant or a person or organization who file written comments within the time period described in this subsection C. The appeal must include the appeal application and a $300.00 deposit for costs.

10. An appeal shall be based solely on one or more of the allegations:

a. The decision violates the substantive provisions of the applicable land use regulations;

b. The decision is unconstitutional;

c. The application was not eligible for review under subsection B of this section (Middle Housing Land Division) and should be reviewed as a land use decision or limited land use decision;

d. The appellant’s substantive rights were substantially prejudiced by a procedural error.

11. The city shall appoint a referee to decide the appeal decision and the appointed referee shall comply with ORS 197.375(3) through (6) when issuing a decision. The referee may not be a city employee or official, but may be a city hearings officer contracted by the city.

D. Final Plat Requirements for Expedited and Middle Housing Land Divisions.

1. Expedited Land Division (ELD) – Final Plan Review Criteria. Approval of a final plat for an ELD shall be consistent with the review criteria for land divisions and property line adjustments (this chapter).

2. Middle Housing Land Division (MHLD) – Final Plan Review Criteria. Approval of a final plat for a MHLD will be granted if the review body finds the applicant has met the following criteria:

a. The final plat substantially conforms to the preliminary plat.

b. Conditions of approval attached to the preliminary plat have been satisfied.

c. Prior to issuance of an occupancy permit, all improvements required by the conditions of approval shall be constructed or the construction shall be guaranteed through a performance bond or other instrument acceptable to the city as provided for in FMC 19.430.190.

d. Prior to issuance of an occupancy permit, all public utilities for each individual unit shall be constructed or guaranteed.

e. The final plat must be recorded with the county recorder before a building permit for all new middle housing structures is issued.

3. Final Plat Submittal. An application for an ELD or MHLD final plat shall include the items listed in FMC 19.430.170. (Ord. 1-2024 § 1 (Att. A))

There are certain uses, which, due to the nature of their impacts on surrounding land uses and public facilities, require a case-by-case review and analysis. These are identified as “conditional uses” in Article II of this title, Land Use Districts. The purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. (Ord. 6-2001 § 1)

A. Initial Application. An application for a new conditional use shall be processed as a Type III procedure. The application shall meet the submission requirements, and the approval criteria contained in this chapter.

B. Modification of Approved or Existing Conditional Use. Modifications to approved or existing conditional uses shall be processed in accordance with Chapter 19.415 FMC, Modifications to Approved Plans and Conditions of Approval. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

In addition to the submission requirements required elsewhere, an application for conditional use approval must include the information in subsections A through H of this section, as applicable. For a description of each item, please refer to site design review application submission requirements.

A. Existing site conditions;

B. Site plan;

C. Preliminary grading plan;

D. A landscape plan;

E. Architectural drawings of all structures;

F. Drawings of all proposed signs;

G. A copy of all existing and proposed restrictions or covenants;

H. Narrative report or letter documenting compliance with all applicable approval criteria. (Ord. 6-2001 § 1)

The city shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following standards and criteria.

A. Use Criteria.

1. The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

2. The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other code standards, or other reasonable conditions of approval; and

3. All required public facilities have adequate capacity to serve the proposal.

B. Site Design Standards. The criteria for site design review approval (Chapter 19.420 FMC) shall be met.

C. Conditions of Approval. The city may impose conditions that are found necessary to ensure that the use is compatible with other uses in the vicinity, and that the negative impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions include, but are not limited to, the following:

1. Limiting the hours, days, place and/or manner of operation;

2. Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

3. Requiring larger setback areas, lot area, and/or lot depth or width;

4. Limiting the building height, size or lot coverage, and/or location on the site;

5. Designating the size, number, location and/or design of vehicle access points or parking areas;

6. Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;

7. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

8. Limiting the number, size, location, height and/or lighting of signs;

9. Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

10. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

11. Requiring and designating the size, height, location and/or materials for fences;

12. Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or sensitive lands;

13. Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans. Dedication of land and construction shall conform to the provisions of Chapter 19.160 FMC. (Ord. 6-2001 § 1)

A. Concurrent Variance Application(s). A conditional use permit shall not grant variances to regulations otherwise prescribed by the development code. Variance application(s) may be filed in conjunction with the conditional use application and both applications may be reviewed at the same hearing.

B. Additional Development Standards. Development standards for specific uses are contained in Article II of this title, Land Use Districts. (Ord. 6-2001 § 1)

The purposes of this chapter are to:

A. Implement the neighborhood development standards of Article II of this title, by providing a means for master planning large development sites;

B. Encourage innovative planning that results in more mixed use development, improved protection of open spaces, and greater housing and transportation options;

C. Encourage developments that recognize the relationship between buildings, their use, open space, and transportation options, providing varied opportunities for innovative and diversified living environments;

D. Facilitate the efficient use of land;

E. Promote an economic arrangement of land use, buildings, circulation systems, open space, and utilities;

F. Preserve to the greatest extent possible the existing landscape features and amenities, that may not otherwise be protected through conventional development;

G. Encourage energy conservation and improved air and water quality. (Ord. 6-2001 § 1)

The master planned development designation is an overlay zone which may be applied over any of the city’s land use districts. An applicant may elect to develop a project as a master planned development in compliance with the requirements of this chapter. In addition, the city may require that the following types of development be processed using the provisions of this chapter:

A. Subdivisions required to conform to the master planned neighborhood development standards of Chapter 19.30 FMC (Residential District).

B. Business parks, industrial parks or other large developments when phased over a multiyear period. (Ord. 6-2001 § 1)

A. Review Steps. There are three required steps to planned development approval:

1. The approval of a planned development overlay zone and concept plan;

2. The approval of a detailed development plan; and

3. The approval of a preliminary subdivision plat(s) and/or site design review application(s).

B. Approval Process.

1. The master planned development (PD) overlay zone and concept plan shall be reviewed together using the Type III procedure in FMC 19.413.030, the application requirements in FMC 19.412.020, and the decision process in FMC 19.413.030.

2. The detailed development plan shall be reviewed using the Type III procedure in FMC 19.413.030 to ensure substantial compliance with the approved concept plan.

3. Preliminary subdivision plats and site design review applications for approved planned developments shall be reviewed using a Type II procedure, as governed by FMC 19.413.020 (this variation from the standard procedures of Chapter 19.420 FMC, Site Design Review, and Chapter 19.430 FMC, Land Divisions, is intended to streamline review for projects which have received the required planned development approvals).

4. The steps in subsections (B)(1) through (B)(3) of this section may be combined in any manner, so long as the decision-making sequence follows that in subsection A. Notification and hearings may be combined. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

A. In the Residential District(s). In the residential district the following uses are allowed outright when they are included in an approved master planned development:

1. All uses allowed outright in the underlying land use district;

2. Single-unit detached dwellings;

3. Duplex, triplex, and quadplex residential units;

4. Townhouses;

5. Cottage clusters;

6. Multi-unit dwellings;

7. Manufactured homes;

8. Neighborhood commercial uses;

9. Public uses, as determined during master plan review;

10. Indoor recreation facility; athletic club, fitness center, racquetball court, swimming pool, tennis court or similar use;

11. Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and

12. Recreational vehicle storage area.

13. Conditional uses shall require a conditional use permit, in accordance with Chapter 19.440 FMC (except that the following “conditional uses” may be permitted by right when approved as part of the master planned development: (reserved for list)).

B. In the Town Center District. In the TCC district, all of the uses permitted outright in the district are allowed within a master planned development. In addition, the ground-floor restriction on residential uses on individual city blocks shall not apply if ground floor residential uses occupy no more than 50 percent of the ground floor space in the entire development (i.e., all blocks).

C. In the Industrial or Commercial Districts. In I and C districts, a planned development shall contain only those uses allowed outright in the underlying district. (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

A. Land Use District Standards. Master planned developments shall conform to the provisions of the underlying land use district, as follows:

1. Density, Floor Area, Building Size. The floor area and building size standards of the district shall apply. Master planned developments must provide at least 15 dwelling units per acre;

2. The lot area and dimensional standards of the district may not apply;

3. The lot coverage standards of the district shall apply;

4. Building Height. The maximum building height standard shall apply; and

5. Setbacks.

a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the underlying district, unless increased through the master plan review;

b. The side yard setback provisions may be reduced except that all detached structures shall meet Uniform Building Code requirements for fire walls; and

c. Front yard and rear yard setback requirements of the underlying district shall not apply to structures on the interior of the project except that:

i. A minimum front yard setback of 15 feet is required for any garage structure which opens facing a public or private street;

ii. A minimum front yard setback of eight feet is required for any garage opening facing an alley.

B. Other Provisions of the District. All other provisions of the land use district shall apply, except as modified by this chapter.

C. More than One Overlay Zone. When more than one overlay zone applies to the development, and standards conflict between the overlay zones, the more restrictive standards shall apply (i.e., those which afford the greatest protection to identified resources and amenities, compatibility between land uses, etc.). (Ord. 1-2024 § 1 (Att. A); Ord. 6-2001 § 1)

The design standards of Article III apply to all master planned developments. Variances shall conform to the standards and procedures of Chapter 19.520 FMC, Variances. (Ord. 6-2001 § 1)

A. General Submission Requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure, as governed by FMC 19.413.030. In addition, the applicant shall submit the following:

1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant.

2. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed.

3. A statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the planned development.

4. Narrative report or letter documenting compliance with the applicable approval criteria contained in FMC 19.450.170.

5. Special studies prepared by qualified professionals may be required by the city staff, planning commission or city council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation.

B. Additional Information. In addition to the general information described in subsection A of this section, the concept plan, data, and narrative shall include the following exhibits and information:

1. Existing conditions map, as defined in Chapter 19.420 FMC, Development Review and Site Design Review;

2. Conceptual site plan (e.g., general land use, building envelopes, circulation, open space, utility connections, and other information necessary to convey the concept plan);

3. Grading concept (for hillside or sloping properties, or where extensive grading is anticipated);

4. Landscape concept (e.g., shows retention of existing vegetation and general planting areas);

5. Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);

6. Sign concept (e.g., locations, general size, style and materials of signs);

7. Copy of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.). (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

The city shall make findings that all of the following criteria are satisfied when approving or approving with conditions the overlay zone and concept plan. The city shall make findings that all of the criteria are not satisfied when denying an application:

A. Comprehensive Plan. All relevant provisions of the Comprehensive Plan are met;

B. Land Division Chapter. All of the requirements for land divisions, as applicable, shall be met (Chapter 19.430 FMC);

C. Article II Land Use and Design Standards. All of the land use and design standards contained in Article II of this title are met, except as modified in FMC 19.450.140 and the following provisions for density bonuses:

1. Density Bonus. The housing density standards shall be determined based on the densities in Article II of this title. When allowed by the Comprehensive Plan, the city may authorize a density bonus above the density allowed by Article II, as an incentive to increase or enhance open space, protect sensitive lands, provide unique architectural character, and or accomplish other purposes of the district, as identified in FMC 19.450.100. The density bonus shall not result in the allowable density exceeding 25 percent of the allowable density in Article II. The criteria in subsections (C)(1)(a) through (d) of this section shall be used in granting density bonuses. The percentage of density bonus granted shall be proportional to the land area used to meet the criteria in subsections (C)(1)(a) through (d).

a. A maximum of 10 percent of the density allowed by the district may be approved for the provision of public open space, or protection of natural features in common open space;

b. A maximum of two percent of the density allowed by the district may be approved for streetscape (e.g., parkways or landscaped boulevard) development; plazas, pathways or other pedestrian amenities; or recreation area development;

c. A maximum of three percent of the density allowed by the district may be approved for the protection or enhancement of community views and vistas (e.g., by providing a public view point, parkway, plaza, or open space);

d. A maximum of 10 percent of the density allowed by the district may be approved for development of affordable housing. Affordable housing is defined as housing affordable to households earning 80 percent of the median household income in Multnomah County, or less. Such households, on average, do not spend more than 30 percent of their income on housing. Housing prices and/or rents shall be limited to that level through deed restriction for up to five years.

D. Requirements for Common Open Space. Where common open space is designated, the following standards apply:

1. The open space area shall be shown on the final plan and recorded with the final plat or separate instrument; and

2. The open space shall be conveyed in accordance with one of the following methods:

a. By dedication to the city as publicly owned and maintained open space. Open space proposed for dedication to the city must be acceptable to the city manager or his or her designee with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide a level one environmental assessment), and budgetary and maintenance abilities;

b. By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the city retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) suitable to the city. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)

A. Land Use District Map Designation. After a planned development overlay zone has been approved, the land use district map shall be amended in accordance with Chapter 19.415 FMC, to indicate the approved planned development designation for the subject development site. The approval of the planned development overlay zone shall not expire.

B. Time Limit on Filing of Detailed Development Plan. Within one and one-half years after the date of approval of the concept plan, the applicant or his or her successor shall prepare and file with the city a detailed development plan, in conformance with FMC 19.450.190.

C. Extension. The city shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year; provided, that:

1. No changes have been made on the original conceptual development plan as approved;

2. The applicant can show intent of applying for detailed development plan review within the one-year extension period;

3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based; and

4. The extension request is made before expiration of the original approval period. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

The contents of the detailed development plan shall be determined based on the conditions of approval for the concept plan. At a minimum, the detailed development plan shall identify the final proposed location of all lots, tracts, parcels, open space, rights-of-way, building envelopes and other features, prior to approval of a development permit (e.g., land division, development review, site design review, etc.). The detailed development plan shall be reviewed using a Type III procedure. (Ord. 6-2001 § 1)

The city shall approve the detailed development plan upon finding that the final plan conforms with the concept plan and required conditions of approval. Minor changes to the approved concept plan may be approved with the detailed plan, consistent with the following criteria:

A. Increased residential densities by no more than five percent, when such change conforms to the Comprehensive Plan.

B. A reduction to the amount of open space or landscaping by no more than three percent.

C. An increase in lot coverage by buildings or changes in the amount of parking by no more than five percent. Greater changes require a major modification (Chapter 19.415 FMC).

D. No change in land use shall be permitted without approving a major modification to the concept plan (Chapter 19.415 FMC).

E. No change which places development within environmentally sensitive areas or areas subject to a potential hazard shall be approved without approving a major modification to the concept plan (Chapter 19.415 FMC).

F. The location of buildings, proposed streets, parking lot configuration, utility easements, landscaping or other site improvements shall be as proposed on the concept plan, or as modified through conditions of approval. Changes in the location or alignment of these features by more than 10 feet shall require approval of a major modification, in conformance with Chapter 19.415 FMC.

G. Other substantial modifications made to the approved conceptual development plan shall require approval of either a minor modification or major modification, in conformance with Chapter 19.415 FMC. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

Upon receiving detailed development plan approval, the applicant may apply for development review (e.g., land division, development review, site design review, etc.). Building permits shall not be issued until all required development permits have been issued and appeal periods have ended.

A. Chapter 19.420 FMC applies to developments requiring development review or site design review.

B. Chapter 19.430 FMC applies to land divisions.

C. Streamlined Review Option. Preliminary subdivision plats and site design review applications for approved master planned developments may be reviewed using a Type II procedure, rather than the conventional Type III procedure. This shall be the applicant’s option. The variation from the standard procedures of Chapter 19.420 FMC, Site Design Review, and Chapter 19.430 FMC, Land Divisions, is intended to streamline review of projects that have received planned development approvals, since those projects have previously been subject to public review and hearings. (Ord. 6-2001 § 1)

The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code and the land use district map. These will be referred to as “map and text amendments.” Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law. (Ord. 6-2001 § 1)

Legislative amendments are policy decisions made by city council. They are reviewed using the Type IV procedure in FMC 19.413.040. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

A. Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or code revision. Quasi-judicial map amendments shall follow the Type III procedure, as governed by FMC 19.413.030, using standards of approval in FMC 19.470.400. The approval authority shall be as follows:

1. The planning commission shall review and recommend land use district map changes which do not involve comprehensive plan map amendments. The city council shall decide such applications;

2. The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and

3. The planning commission shall make a recommendation to the city council on a land use district change application which also involves a comprehensive plan map amendment application. The city council shall decide both applications.

B. Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:

1. Demonstration of compliance with all applicable comprehensive plan policies and map designations. Where this criterion cannot be met, a comprehensive plan amendment shall be a prerequisite to approval;

2. Demonstration of compliance with all applicable standards and criteria of this code, and other applicable implementing ordinances;

3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application. (Ord. 6-2009 § 4; Ord. 6-2001 § 1)

A quasi-judicial decision may be for denial, approval, or approval with conditions. A legislative decision may be approved or denied. (Ord. 6-2001 § 1)

The city recorder shall maintain a record of amendments to the text of this code and the land use districts map in a format convenient for public use. (Ord. 6-2001 § 1)

A. When a development application includes a proposed comprehensive plan amendment or land use district change, the proposal shall be reviewed to determine whether it significantly affects a transportation facility consistent with OAR 660-012-0060.

B. Amendments to the comprehensive plan and land use standards which significantly affect a transportation facility shall assure that allowed land uses are consistent with the function, capacity, and level of service of the facility identified in the Transportation System Plan. This shall be accomplished by one of the following:

1. Limiting allowed land uses to be consistent with the planned function of the transportation facility; or

2. Amending the Transportation System Plan to ensure that existing, improved, or new transportation facilities are adequate to support the proposed land uses consistent with the requirement of the Transportation Planning Rule; or

3. Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation. (Ord. 6-2001 § 1)

Some terms or phrases within the code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the code text. (Ord. 6-2001 § 1)

A. Requests. A request for a code interpretation (“interpretation”) shall be made in writing to the city manager or his or her designee.

B. Decision to Issue Interpretation. The city manager or his or her designee shall have the authority to review a request for an interpretation. The city manager or his or her designee shall advise the requester in writing within 14 days after the request is made, on whether or not the city will issue the requested interpretation.

C. Declining Requests for Interpretations. The city manager or his or her designee is authorized to issue or decline to issue a requested interpretation. The basis for declining may include, but is not limited to, a finding that the subject code section affords only one reasonable interpretation and the interpretation does not support the request. The city manager’s decision to issue or decline to issue an interpretation is final when the decision is mailed to the party requesting the interpretation and the decision is not subject to any further local appeal.

D. Written Interpretation. If the city manager or his or her designee decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to the person requesting the interpretation and any other person who specifically requested a copy of the interpretation. The written interpretation shall be issued within 14 days after the city advises the requester that an interpretation shall be issued. The decision shall become effective 14 days later, unless an appeal is filed in accordance with subsections E through G of this section.

E. Appeals. The applicant and any party who received such notice or who participated in the proceedings through the submission of written or verbal evidence of an interpretation may appeal the interpretation to the city planning commission within 14 days after the interpretation was mailed or delivered to the applicant. The appeal may be initiated by filing a notice of appeal with the city manager or his or her designee pursuant to FMC 19.414.020.

F. Appeal Procedure. City planning commission shall hear all appeals of a city manager’s interpretation as a Type III action pursuant to FMC 19.413.030 except that written notice of the hearing shall be provided to the applicant, any other party who has filed a notice of appeal, and any other person who requested notice.

G. Final Decision/Effective Date. The decision of the city planning commission on an appeal of an interpretation shall be final and effective when it is mailed to the applicant. If an appeal of the planning commission decision is made to the city council it shall follow the same process as above. The decision of the city council remains effective unless or until it is modified by the land use board of appeals or a court of competent jurisdiction.

H. Interpretations on File. The city manager or his or her designee shall keep on file a record of all code interpretations. (Ord. 8-2021 § 1; Ord. 6-2009 § 4; Ord. 6-2001 § 1)

Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, and seasonal sales such as Christmas tree sales and vegetable stands. Three types of temporary uses require permit approval:

A. Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than 90 days.

Using a Type I procedure under FMC 19.414.010, the city shall approve, approve with conditions or deny a temporary use permit based on finding that all of the following criteria are satisfied:

1. The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);

2. The applicant had proof of the property owner’s permission to place the use on his/her property;

3. No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet his or her minimum parking requirement under Chapter 19.164 FMC, Vehicle and Bicycle Parking;

4. The use provides adequate vision clearance, as required by FMC 19.162.020(O), and shall not obstruct pedestrian access on public streets;

5. Ingress and egress are safe and adequate when combined with other uses of the property as required by Chapter 19.162 FMC, Access and Circulation;

6. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use; and

7. The use is adequately served by sewer or septic system and water, if applicable (the applicant shall be responsible for obtaining any related permits);

8. An extension of 60 days may be obtained if determined appropriate by the city manager.

B. Temporary Sales Office or Model Home. Using a Type I procedure under FMC 19.414.010, the city may approve, approve with conditions or deny an application for the use of any real property within the city as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within the city, but for no other purpose, based on the following criteria:

1. Temporary Sales Office.

a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold; and

b. The property to be used for a temporary sales office shall not be permanently improved for that purpose.

2. Model House.

a. The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and

b. The model house shall be designed as a permanent structure that meets all relevant requirements of this code.

C. Temporary Building. Using a Type I procedure under FMC 19.414.010, the city may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the city as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, based on the following criteria:

1. The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located;

2. The primary use on the property to be used for a temporary trailer is already developed;

3. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by Chapter 19.162 FMC, Access and Circulation;

4. There is adequate parking for the customers or users of the temporary use as required by Chapter 19.164 FMC, Vehicle and Bicycle parking;

5.  The use will not result in vehicular congestion on streets;

6. The use will pose no hazard to pedestrians in the area of the use;

7. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;

8. The building complies with applicable building codes;

9. The use can be adequately served by sewer and water if necessary. The applicant shall be responsible for obtaining any related permits;

10. The length of time that the temporary building will be used does not exceed 12 months, and if a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit; and

11. Adequate landscaping, screening, buffering or other method to assure the structure is visually consistent with conditions surrounding the site. (Ord. 8-2021 § 1; Ord. 6-2009 § 3; Ord. 6-2001 § 1)

The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. They are permitted by right in all residential units (dwellings), subject to the following standards:

A. Appearance of Residence.

1. The home occupation shall be restricted to lawfully built enclosed structures and be conducted in such a manner as not to give an outward appearance of a business.

2. The home occupation shall not result in any structural alterations or additions to a structure that will change its primary use or building code occupancy classification.

3. The home occupation shall not violate any conditions of development approval (i.e., prior development permit approval).

4. No products and/or equipment produced or used by the home occupation may be displayed to be visible from outside any structure.

5. Home occupation activities will occupy no more than 30 percent of the gross floor area.

6. One professional, nonilluminated nameplate not exceeding two square feet in area is permitted in accordance with FMC 19.170.080(B)(3).

7. Home occupations in accessory structures are only allowed after approval of a conditional use permit by the planning commission.

B. Storage.

1. Outside storage, visible from the public right-of-way or adjacent properties, is prohibited.

2. On-site storage of hazardous materials (including toxic, explosive, noxious, combustible or flammable) beyond those normally incidental to residential use is prohibited.

3. Storage of inventory or products and all other equipment, fixtures, and activities associated with the home occupation shall be allowed in any structure.

C. Employees.

1. Other than family members residing within the dwelling located on the home occupation site, there shall be no more than one full-time equivalent employee at the home occupation site at any given time. As used in this chapter, the term “home occupation site” means the lot on which the home occupation is conducted.

2. Additional individuals may be employed by or associated with the home occupation, so long as they do not report to work or pick up/deliver at the home.

3. The home occupation site shall not be used as a headquarters for the assembly of employees for instruction or other purposes, including dispatch to other locations.

D. Advertising and Signs. Signs shall comply with Chapter 19.170 FMC. In no case shall a sign exceed two square feet in area.

E. Vehicles, Parking and Traffic.

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

2. There shall be no more than three commercial vehicle deliveries to or from the home occupation site daily. There shall be no commercial vehicle deliveries during the hours of 10:00 p.m. to 7:00 a.m.

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

F. Business Hours. There shall be no restriction on business hours, except that clients or customers are permitted at the home occupation from 7:00 a.m. to 10:00 p.m. only, subject to subsections A and E of this section.

G. Prohibited Home Occupation Uses.

1. Any activity that produces radio or TV interference, noise, glare, vibration, smoke or odor beyond allowable levels as determined by local, state or federal standards, or that can be detected beyond the property line, is prohibited.

2. Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by a home business are allowed subject to subsections A through F of this section.

3. Any uses described in this section or uses with similar objectionable impacts because of motor vehicle traffic, noise, glare, odor, dust, smoke or vibration, such as:

a. Ambulance service;

b. Animal hospital, veterinary services, kennels or animal boarding;

c. Auto and other vehicle repair, including auto painting;

d. Repair, reconditioning or storage of motorized vehicles, boats, recreational vehicles, airplanes or large equipment on site.

H. Enforcement. The city manager or his or her designee may visit and inspect the site of home occupations in accordance with this chapter periodically to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice. Code violations shall be processed in accordance with Chapter 19.14 FMC, Enforcement. (Ord. 8-2021 § 1; Ord. 2-2010 § 5 (Att. 2); Ord. 6-2001 § 1)

The purpose of this section is to identify a permit process for proposed docks on Fairview Lake and to clarify regulations for the length, width, number, materials and accessory structures associated with the construction and design of docks on Fairview Lake.

A. Permit Required. A permit must be obtained prior to constructing or installing a dock in or on Fairview Lake. Using a Type II review procedure under FMC 19.413.020, the city shall approve or deny a Fairview Lake dock permit based on finding that all of the following criteria are satisfied:

1. Width.

a. A dock may have a minimum width of 10 feet; however, the total width of the dock may not exceed 20 percent of the width of the applicant’s property at water’s edge to which the dock will be attached.

b. Method of Measurement. The width of the dock is calculated based on the total of all dock components measured to the furthest dimensions of the dock. (See figure below.)

2. Length.

a. Total length of a dock structure may not exceed 35 feet as described in subsection (A)(2)(c) of this section.

b. A dock may not extend into Fairview Lake more than 35 feet.

c. Method of Measurement.

i. Calculate the length of the dock as one component from the shoreline to the furthest dimension of the dock (L1 in figure below).

ii. Calculate the total distance that the dock extends out into the lake from the shoreline to the furthest dimension the dock extends into the lake (L2 in figure below).

Figure 1: Method of measurement for length and width of docks.

3. Number. One dock per tax lot is allowed. Shared docks are permitted in accordance with standards in subsection E of this section.

4. Shoreline Attachment. The mechanism for attaching the dock to the shoreline including, but not limited to, a concrete pad or wooden platform not exceeding 32 square feet does not require a natural resource permit.

5. Materials. The use of Styrofoam, bead board or chemical treatments on wooden docks is prohibited on any portion of the dock.

6. Accessory Structures.

a. The attachment of accessory structures, as defined by FMC 19.13.010, including but not limited to boat houses and canopies, is prohibited on any portion of the dock.

b. Boat lifts are permitted but shall be included in the total width and length calculations of the dock.

B. All Fairview Lake dock permit applications must include:

1. City of Fairview dock permit application form.

2. Detailed narrative including:

a. Description of proposed dock including length, width, and materials.

b. Dock installation details including how dock parts will be transported to the site and method of attachment to the shoreline and lake bottom.

c. Demonstration that the proposed dock meets the approval criteria in subsection A of this section.

d. Any additional site alterations proposed in association with installation of the proposed dock (see subsection C of this section).

3. Scaled site plan including:

a. Location of the proposed dock.

b. Property dimensions.

c. Dock dimensions.

d. Natural resource protection area boundaries.

e. Existing structures on the property owned by the applicant to which the dock will be attached.

4. Application fee as set forth by resolution.

C. Additional Permits Required. If alterations in the resource protection area are proposed in association with the installation of the dock, including but not limited to a path, vegetation removal, erosion control measures or structures, additional permits may be required (i.e., natural resource permit, building permit).

A shoreline attachment mechanism that is less than 32 square feet in area does not require a natural resource permit as described in subsection (A)(4) of this section.

D. Shared Docks. A shared dock shall meet all approval criteria for an individual dock. The maximum width for a shared dock shall be 20 percent of the total width of all contiguous properties adjacent to the lake that the shared dock will serve.

E. Nonconforming Docks.

1. The provisions of subsections A to E of this section do not apply to a structure that was lawfully established or to a permit that was lawfully issued prior to the effective date of the ordinance codified in this section. An application for a permit to alter, expand or otherwise modify a lawfully permitted structure that is submitted after the effective date of the ordinance codified in this section is subject to the provisions of this section.

2. Normal maintenance and repair of an existing legal dock is permitted.

3. Legal nonconforming docks are subject to Chapter 19.530 FMC, Nonconforming Uses and Developments. (Ord. 1-2013 § 1 (Att. 1))

The purpose of this section is to establish regulations for food carts and food cart pods that allow food and beverage carts on a year-round basis within the city of Fairview subject to review and approval by the city. The standards are intended to support a wider choice of eating and drinking options, while regulating for safety, aesthetics and compatibility of surrounding development.

A. Applicability. The provisions of this section apply to all food cart pods and individual food carts within pods in the city of Fairview. Drive-through uses are not permitted as food carts under this section.

B. Permit Required. Food cart pods and individual carts are required to obtain permits and city of Fairview business license prior to operating.

1. Pods. Applications for a new food cart pod are subject to site design review, through either a Type II or Type III procedure pursuant to FMC 19.424.020, Determination of Type II and Type III applications. Food cart pod permits are valid for two calendar years from the date of issuance, and may be renewed subject to subsection (B)(3) of this section.

2. Individual Carts. Applications for new individual food carts within an approved food cart pod are processed as a Type I procedure under FMC 19.413.010.

3. Renewals. Permits for food carts and food cart pods are renewed through a Type I procedure under FMC 19.413.010. Renewal applications must be approved prior to the expiration of a valid permit.

4. Food and beverage carts must comply with all applicable city, county, and state regulations including permits and licenses from Multnomah County Health and Gresham Fire.

C. Application Submission Requirements.

1. Completed land use application and application fee.

2. Existing conditions plan drawn to scale including the location of buildings, landscaping, parking, vehicular and pedestrian access and circulation, trash enclosures, utilities, and other permanent site features.

3. Proposed site plan drawn to scale including:

a. Site dimensions.

b. Relationship of the site to adjoining properties, streets, alleys, easements, structures, and public utilities.

c. Pedestrian and vehicle access points and circulation.

d. Location, exterior dimensions, and orientation of each food cart on the site.

e. Location and specification of food cart pods.

f. Location and design elevations of all site amenities and accessory structures.

g. Location and specification of landscaped areas.

h. Location and design of fences and walls.

i. Location and design of trash and recycling areas and receptacles.

4. Photos or architectural elevations of proposed food cart(s).

5. Exterior lighting plan indicating location, size, height, design, material, and method of illumination.

6. Written permission from property or business owner when on-site restrooms will be shared.

7. Any additional information that may be required by the city manager, or designee, to properly evaluate the proposed site plan.

8. The city manager, or designee, may waive any of the requirements above where determined that the information required is unnecessary to properly evaluate the proposal.

D. Site Design.

1. Food cart pods shall be designed to meet the following standards:

a. Food carts and site amenities shall be located on a paved surface including but not limited to concrete, asphalt, and/or pavers.

b. Food carts shall not occupy pedestrian walkways or required landscaping.

c. Food carts and site amenities shall not occupy or obstruct required bicycle or vehicle parking of an existing use. Parking spaces in excess of the minimum requirements may be used.

d. Food carts, site amenities, and all related objects shall not occupy or block fire lanes or other emergency vehicle access areas.

e. Food carts shall be oriented on the site to create an attractive and engaging pedestrian environment along the street. This may be met through one of the following options or by demonstrating that an alternative site layout meets the intent of the standard:

i. Food carts may have customer windows oriented to the street and shall be set back at least five feet to provide space for queuing between the public sidewalk and cart window.

ii. Food carts may be located along a building wall or sight-obscuring fence with the customer window facing a central courtyard/plaza/seating area.

iii. Food carts located along the street with customer windows facing a central courtyard/plaza/seating area shall provide a landscape buffer between the sidewalk and food cart that screens trailer tongues, utilities and accessories from view.

f. Where more than one cart is located on a site, carts shall be separated by a minimum of five feet.

g. Front and side yard setbacks abutting a street shall be a minimum of three feet from the property line to any food cart.

h. Rear and interior side setbacks for food carts and amenities shall be the same as the zone in which it is located, except when a rear or side yard abuts a residential zone or land use. Any rear or side yard that abuts a residential zone or land use must meet the following standards:

i. Food carts and amenities shall be set back a minimum of 10 feet.

ii. A six-foot-tall sight-obscuring fence shall be provided at or near the property line.

iii. A five-foot-wide landscaped area shall be provided within the setback that includes a minimum of one tree every 30 lineal feet, and one evergreen shrub every five lineal feet. Trees shall be a minimum of six feet at time of planting and shrubs shall reach a mature height of at least four feet within two years of planting.

i. Food cart uses shall not create tripping hazards in pedestrian and vehicular circulation areas with items including, but not limited to, cords, hoses, pipes, and similar items.

j. Food carts shall not be located within vision clearance areas as defined by FMC 19.162.020(O).

k. Fences and walls associated with food cart pods shall comply with the following standards:

i. Fences and walls shall be constructed with high-quality building material that is compatible with other development on the site and with the design standards of the zoning district. High-quality building material includes wood, brick, stone, concrete, metal and similar materials. Cyclone fencing, vinyl, and other material that detracts from the overall attractiveness of the site and neighborhood is prohibited.

ii. The maximum height of fences along street frontages is four feet.

iii. The maximum height of fences on interior rear and side yards is six feet.

2. Amenities within food cart pods shall be designed to meet the following standards:

a. On-site restrooms shall be provided for employees and customers and be screened from view.

b. Restrooms shall be available during food cart operating hours and include handwashing facilities with hot and cold running water.

c. All food carts and customer amenities within a food cart pod shall be served by a minimum five-foot-wide paved surface including but not limited to concrete, asphalt, and/or pavers.

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

e. Storage structures accessory to food carts shall be less than 120 square feet in size and 10 feet in height. The storage structures shall be constructed with high-quality building material that is compatible with other development on the site and with the design standards of the zoning district. Alternatively, the storage structures can be screened from view.

f. Structures used to provide shelter to customers shall be constructed with high-quality building material that is compatible with other development on the site and with the design standards of the zoning district. Permanent and temporary structures used to provide shelter to customers that detract from the overall appearance of the site and surrounding neighborhood are prohibited.

g. All on-site amenities shall be compatible with other development on the site and within the surrounding neighborhood. All screening shall include well-maintained and attractive vegetation or high-quality building material including wood, brick, stone, concrete, and similar materials. Screening materials that detract from the overall appearance of the site, including but not limited to cyclone, vinyl and plastic fencing, are prohibited.

E. Individual Food Cart Design Standards.

1. All food carts shall meet the following design standards:

a. Food cart accessory items not used by consumers, including but not limited to tanks and barrels, shall be fully screened from view from customer areas.

b. The wheels must remain on the food cart and must remain inflated. Tongues may be removed if they can be replaced with simple tools that remain on hand. Lattice is not permitted as a screening material.

c. Carts and cart accessories must be kept in good repair and maintained in a safe and clean condition.

d. Food carts shall obtain and keep current a city of Fairview business license.

e. Food carts shall maintain all required licenses by the appropriate state and/or local agency, including Multnomah County Health.

f. Cart awnings shall have seven feet of clearance between the ground and awning for safe pedestrian circulation.

F. Utilities.

1. These standards apply in addition to the requirements of the Multnomah County health department, including food cart pod rules and food sanitation rules. Where one code imposes a stricter standard or requirement than what is required by the other code, the more restrictive standard or requirement applies.

2. Wastewater shall be addressed in one of the following ways:

a. Food carts shall connect to the sanitary sewer consistent with applicable state plumbing codes, and will include an approved grease separator for the disposal of fats, oils, and grease. Discharge or leakage into the stormwater system is prohibited; or

b. Food carts shall connect to individual wastewater holding tanks integral to the food cart. Tanks shall be owned and serviced by an Oregon Department of Environmental Quality licensed pumper. A copy of the contract shall be provided to the city before any food carts are located on site. Discharge or leakage into the stormwater system is prohibited.

3. Potable water shall be addressed in one of the two following ways:

a. Food carts shall connect to a potable water source in conformance with applicable state plumbing codes; or

b. Food carts shall be connected to a potable water tank consistent with the Oregon Health Authority’s food sanitation rules.

4. Food carts and amenities shall connect to an approved power source. Power connections may not be connected by overhead wires to the individual food carts. Generators are prohibited.

5. All utilities shall be screened from view.

G. Parking.

1. Each food cart shall provide a minimum of one and one-half parking spaces to serve employees and customers. Parking can be shared with an existing use on the same site or on an adjacent parcel where the number of spaces provided meets the minimum required to serve both uses.

H. Signs.

1. Signage on individual food carts shall be limited to the signs on the face of the food cart.

a. Signs attached to the face of the food cart shall not exceed three feet above the roof line the cart.

b. Signs attached to the roof of the cart are prohibited.

2. One A-board sign per food cart is allowed within the site on private property.

a. A-board signs shall not exceed 28 inches wide by 42 inches standing height when the sign boards are in the open-standing position.

b. A minimum five feet of unobstructed sidewalk clearance must be maintained for pedestrian pathways within the site. A-board signs may not be placed on a pathway that is too narrow to maintain the required five-foot minimum clearance.

3. 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 by normal wind currents, are prohibited.

4. All other signs on public and private property shall conform to the requirements of Chapter 19.170 FMC, Sign Regulations.

I. Lighting.

1. Food cart pods shall have lighting to provide a safe environment for customers and employees. Lighting must comply with the following:

a. Areas to be occupied by customers shall be illuminated when carts operate during hours of darkness.

b. No direct light source shall be visible from the property line.

c. Lighting fixtures shall be shielded to prevent glare on abutting properties. (Ord. 8-2021 § 1; Ord. 1-2021 § 1 (Att. A))