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Fairview amends zoning code to allow municipal structures to exceed height limits; ordinance passes 3-2
Summary
On a 3'2 vote the Fairview Board of Commissioners approved an amendment to the city zoning ordinance that creates an exception to height limits for municipally owned buildings and structures. The measure drew two dissents and discussion about how the change interacts with a broader zoning rewrite.
The Fairview Board of Commissioners approved on second reading an amendment to the city's zoning ordinance clarifying exceptions to height regulations and explicitly allowing municipally owned buildings and structures to exceed otherwise applicable height limits.
The ordinance, described to the board as an amendment to several sections of the zoning code (including section 6'102.10 and sections 8'103.3(1) and 9'103.3(1)), passed by a 3'2 roll-call vote. Mayor Anderson, Vice Mayor McDonald and Commissioner Hall voted in favor; Commissioner Roberts and Commissioner Buffalini voted no.
Why it matters: City staff said the amendment will permit municipally owned facilities to exceed the written height limits where required for civic uses. City Planner materials in the packet stated the change "will allow municipally owned buildings and structures to exceed the height regulations." The ordinance modifies general exceptions to height regulations in multiple sections of the municipal zoning code.
Discussion points: Commissioners asked whether a future site-development plan would still be reviewed under existing zoning standards and whether applicants seeking to develop would still need to conform to the code or apply for variances. City staff said site-development plans will continue to undergo the standard review process and that variances and other exceptions follow the existing approval pathways. Several commissioners noted that a larger rewrite of the city's zoning code is underway and that language in the new draft may treat civic uses and building height differently; staff said the draft zoning rewrite is at an early stage and that the current amendment stands as a clarity measure for the existing code.
Ending: With the ordinance approved 3'2, municipal projects that require additional height will not automatically require a separate zoning amendment; however, the planning commission review process, necessary permits and any applicable variances or site-development reviews still apply before construction can proceed.
