Chapter 19.100
CULTURALLY SENSITIVE LANDS
Sections:
19.100.030 Culturally sensitive permit required.
19.100.050 Application for culturally sensitive permit.
19.100.060 Culturally sensitive permit – Required findings.
19.100.070 Decision by planning commission.
19.100.080 Scope of conditions.
19.100.090 Criteria for approval of culturally sensitive permit.
19.100.010 Purpose.
The purpose of the culturally sensitive lands designation is to protect and conserve valuable cultural areas, while permitting appropriate development activities when carried out in a sensitive manner with minimal impacts on identified cultural resource values. (Ord. 3-2012 § 2 (Att. 1))
19.100.020 Area affected.
This chapter shall apply to those lands designated culturally sensitive in the Fairview Comprehensive Plan. (Ord. 3-2012 § 2 (Att. 1))
19.100.030 Culturally sensitive permit required.
All uses permitted under the provision of the underlying zone are permitted on lands listed as having a culturally significant site; provided, however, that the location and design of any use, or change or alteration of a use, except as provided in FMC 19.100.040, shall be subject to a culturally sensitive permit.
Where an activity requires a permit or other approval from the state or other government entity, the applicant is encouraged to obtain final approval prior to submitting an application for a culturally sensitive permit. (Ord. 3-2012 § 2 (Att. 1))
19.100.040 Exceptions.
A culturally sensitive permit shall not be required for the following:
A. Existing farm use, including accessory buildings and structures.
B. Activities to protect, conserve, enhance and maintain public recreational, scenic, historical and natural uses on public lands.
C. The expansion of capacity or the replacement of existing communication or energy distribution and transmission systems, except substations.
D. The maintenance and repair of existing flood control facilities.
E. Uses legally existing on the effective date of the ordinance codified in this chapter; provided, however, that any change or alteration of such use shall require a culturally sensitive permit as provided herein. (Ord. 3-2012 § 2 (Att. 1))
19.100.050 Application for culturally sensitive permit.
An application for a culturally sensitive permit for a use or for the change or alteration of an existing use on land designated culturally sensitive shall address the applicable criteria for approval and shall be filed with the city with the appropriate fees to be heard by the Fairview planning commission.
Applications for extraction of aggregates and minerals, depositing of dredge spoils and similar activities must, where applicable, include a copy of any necessary approval(s) from the Department of Environmental Quality regarding any applicable standards for water quality, noise, vibration and toxic or noxious matter as well as a copy of any necessary approval(s) from the Oregon Department of Geology and Mineral Industries for surface mining operations. Where such approvals are subject to conditions, the applicant shall provide a statement regarding compliance with those conditions. Where final approval is not obtained prior to submitting the application, the applicant will provide a statement from the relevant jurisdiction or other evidence that such approval is feasible. (Ord. 3-2012 § 2 (Att. 1))
19.100.060 Culturally sensitive permit – Required findings.
A decision on an application for a culturally sensitive permit shall be based upon findings of consistency with the purposes of the culturally sensitive zone and with the criteria for approval specified in FMC 19.100.090. (Ord. 3-2012 § 2 (Att. 1))
19.100.070 Decision by planning commission.
A. A decision on a culturally sensitive permit application shall be made by the planning commission when an archaeological report demonstrates presence of culturally or historically significant materials.
B. The planning commission may approve or deny the proposal or approve it with such modifications and conditions as may be consistent with the Comprehensive Plan and necessary to assure compatibility with FMC 19.100.090. (Ord. 3-2012 § 2 (Att. 1))
19.100.080 Scope of conditions.
A. Conditions of approval of a culturally sensitive permit, if any, shall be designed to bring the application into conformance with the applicable policies of the Comprehensive Plan. Said conditions may relate to the locations, design and maintenance of existing and proposed improvements, including but not limited to buildings, structures and use areas, parking, pedestrian and vehicular circulation and access, natural vegetation and landscaped areas, fencing, screening and buffering, excavations, cuts and fills, signs, graphics, and lighting.
B. Approval of a culturally sensitive permit shall be deemed to authorize associated public utilities, including energy and communication facilities. (Ord. 3-2012 § 2 (Att. 1))
19.100.090 Criteria for approval of culturally sensitive permit.
A. Buildings, structures and sites of historic significance shall be preserved, protected, enhanced, restored, and/or maintained with issuance of the culturally sensitive permit.
B. Archaeological sites shall be preserved for their historic, scientific and cultural value and protected from vandalism or unauthorized entry or, where preservation is not practical, inventoried.
C. Development activity within culturally sensitive areas shall be the minimum necessary to allow lawful use of the overall site, as determined by the planning commission at the time of review, and based upon the standards and purposes of this chapter.
D. Areas of erosion or potential erosion shall be protected from loss according to provisions specified in the city’s erosion control ordinance.
E. The Comprehensive Plan policies which pertain to natural resource sites shall be satisfied. (Ord. 3-2012 § 2 (Att. 1))