Fairview City Zoning Code

Signed application form.

Fee.

Preliminary site plan and drawings.

Project description.

Questions the applicant may have regarding the land use process, development standards, permitting procedures and application requirements.

Application fee as adopted by the city council.

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.

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

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

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

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.

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.

Narrative demonstrating compliance with all applicable sections of the Fairview Municipal Code and Comprehensive Plan.

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

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.

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.

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:

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.

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

Accept all development applications which comply with this chapter;

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;

Provide public notice.

Administer the hearings process consistent with FMC 19.412.070;

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;

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

Administer the appeals and review process.

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

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.

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:

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.

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.

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:

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.

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.

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.

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

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.

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:

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:

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.

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

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

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

Process.

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:

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.

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.

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

Appeal Procedure.

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

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.

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.

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

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.

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).

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.

Who May Appeal.

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

Filing Fee.

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.

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.

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.

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.

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.

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

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.

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:

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.

Change in land use.

Increase in number of dwellings.

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

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

Reduction of area by more than five percent for common open space and/or usable open space.

Subdivisions;

Site design review applications within the residential land use district;

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.

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

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

Promote the public health, safety and general welfare;

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

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

Encourage the conservation of energy resources;

Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed, human-scaled design.

Development in Residential Zoning Districts.

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

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;

Home occupation, subject to review under Chapter 19.490 FMC;

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

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

Other developments, when required by a condition of approval.

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

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.

All applicable building and fire code standards are met.

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.

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

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.

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.

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.

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.

All developments in designated sensitive lands and historic overlay districts shall be reviewed as Type III applications.

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

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

Architectural Drawings. Architectural drawings shall be submitted showing:

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.

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

Chapter 19.162 FMC – Access and Circulation;

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

Chapter 19.164 FMC – Automobile and Bicycle Parking;

Chapter 19.165 FMC – Public Facilities Standards;

Other standards (telecommunications facilities, solid waste storage, environmental performance, signs), as applicable.

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

Construction on the site is in violation of the approved plan.

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

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

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.

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.

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

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.

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

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

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

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

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

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

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

Encourage the conservation of energy resources.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

Phased Development.

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:

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:

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

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

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:

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.

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.

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:

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.

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:

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.

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.

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

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.

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.

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.

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.

Prerequisites to Recording the Plat.

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.

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.

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.

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

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.

Vacation of Streets. All street vacations shall comply with the procedures and standards set forth in city ordinance and ORS Chapter 271.

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.

Approval Process.

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:

Recording Lot Line Adjustments.

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:

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

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.

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):

Final Plat Requirements for Expedited and Middle Housing Land Divisions.

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.

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.

Existing site conditions;

Site plan;

Preliminary grading plan;

A landscape plan;

Architectural drawings of all structures;

Drawings of all proposed signs;

A copy of all existing and proposed restrictions or covenants;

Narrative report or letter documenting compliance with all applicable approval criteria.

Use Criteria.

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

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:

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.

Additional Development Standards. Development standards for specific uses are contained in Article II of this title, Land Use Districts.

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

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

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

Facilitate the efficient use of land;

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

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

Encourage energy conservation and improved air and water quality.

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

Business parks, industrial parks or other large developments when phased over a multiyear period.

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

Approval Process.

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:

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).

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.

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

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

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.).

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:

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:

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

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

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:

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

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.

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.

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:

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

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

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).

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

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).

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.

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.

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

Chapter 19.430 FMC applies to land divisions.

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.

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:

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:

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.

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:

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

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.

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.

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.

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.

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.

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.

Interpretations on File. The city manager or his or her designee shall keep on file a record of all code interpretations.

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:

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:

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:

Appearance of Residence.

Storage.

Employees.

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

Vehicles, Parking and Traffic.

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.

Prohibited Home Occupation Uses.

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.

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:

All Fairview Lake dock permit applications must include:

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.

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.

Nonconforming Docks.

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.

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

Application Submission Requirements.

Site Design.

Individual Food Cart Design Standards.

Utilities.

Parking.

Signs.

Lighting.