Chapter 19.490 MISCELLANEOUS PERMITS (TEMPORARY USES, HOME OCCUPATIONS, FOOD CART PODS, OTHERS)

Chapter 19.490
MISCELLANEOUS PERMITS (TEMPORARY USES, HOME OCCUPATIONS, FOOD CART PODS, OTHERS)

Sections:

19.490.400 Food and beverage cart permits.

19.490.100 Temporary use permits.

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)

19.490.200 Home occupation permits.

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)

19.490.300 Fairview Lake dock permits.

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))

19.490.400 Food and beverage cart permits.

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))