Chapter 16.11 GENERAL ADMINISTRATION […]
16.11.040 Consistency with Plan and Laws.
A. Any action initiated under this specific title shall be consistent with the adopted Happy Valley, Oregon Comprehensive Plan, the latest adopted edition of the Oregon Structural Specialty CodeUniform Building Code, all applicable State and Federal laws, and other ordinances, regulations or codes as may be appropriate and applicable, whether Federal, State or local. Any action initiated under this specific title shall be coordinated with all other adopted plans, laws, ordinances, regulations or codes in order to insure orderly and uniform development.
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Chapter 16.12 DEFINITIONS 16.12.030 Definitions.
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Lot line, front. Front lot line is a lot line, or segment of a lot line, that abuts a street. On a corner lot, the front lot line is the shortest of the lot lines that abut a street. If two or more street lot lines are of equal length, then the applicant or property owner can choose which lot line is to be the front lot line. However, on a through lot, the applicant or property owner can choose which lot line is to be the front lot line and which lot line is to be the rear lot line, has two front lot lines regardless of whether the street lot lines are of equal or unequal length. On a flag lot, the applicant or property owner can choose which lot line is to be the front lot line, so long as it is one of the lot lines that makes up the flag portion of the lot, and the rear lot line is the property line most distant from, and opposite from, the chosen front lot line.
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Chapter 16.22 RESIDENTIAL LAND USE DISTRICTS 16.22.010 Future urbanization zone.
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Table 16.22.010-1 Future Urbanization (FU-10) Permitted Uses
P=Permitted; C=Conditional Use; X=Prohibited
Land Use
FU-10
Residential
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Land Use FU-10
Accessory dwelling units complying with Section 16.44.050 P
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Chapter 16.23 COMMERCIAL AND EMPLOYMENT DISTRICTS 16.23.030 Commercial districts.
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E. Special Standards.
1. Design Review. New development in the Mixed Commercial Center and Community Commercial Center Districts shall be subject to Chapter 16.62, Land Use and Design Review, and Chapter 16.46, Happy Valley Style Design Standards. Development in the Mixed Commercial Center District involving twenty (20) acres or more of landexceeding five acres shall be subject to Chapter 16.65, Master Planned Developments.
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Chapter 16.32 STEEP SLOPES DEVELOPMENT OVERLAY ZONE […]
16.32.020 Applicability.
Unless excepted by the provisions of Section 16.32.045 of this title, the regulations of the steep slopes development overlay shall apply to any existing lot of record with slopes greater than fifteen (15) percent (with a minimum contiguous extent greater than one thousand (1,000) square feet), potentially hazardous analysis areas identified by a certified geotechnical engineer, and/or DOGAMI landslide hazard areas except as allowed by Section 16.32.040(D). This section shall apply only to activities and uses that require a building, grading, tree removal and/or land use permit and per ORS 92.040, shall not apply to parcels or lots created between April 21, 1999 and within ten (10) years of April 21, 2009. The steep slopes development overlay will be overlaid on any and all applicable parcels within the City limits at the time of development application and, upon being overlaid, will take precedence in density calculations over the base zoning district illustrated on the City’s Comprehensive Plan map/zoning map, and actual site specific conditions shall take precedence over any aerial topography mapping or other non-survey specific datum.
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16.32.045 Exceptions.
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E. Transition or conservation slope areas that are “man-made” or caused by past soil fill/removal and grading activities so long as required special studies and reports have been prepared in
accordance with Section 16.32.070080, evaluating the site conditions and determining that the slope area can be safely developed.
Page 3 of 13 F. A building, grading, or tree removal permit on a lot or parcel created after April 21, 2009 which received approval of an Environmental review permit pursuant to Section 16.32.080.
GF. An activity that is determined by the planning official to be reasonably similar to the exceptions listed in this section.
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Chapter 16.34 NATURAL RESOURCES OVERLAY ZONE […]
16.34.030 Exemptions.
The following uses and activities are exempt from the requirements of this chapter:
A. A use or activity that avoids any impact to a Water Quality Resources and/or HCA provided that the location of the Water Quality Resource and/or HCA have been verified by the City in
accordance with Section 16.34.060 and a Construction Management Plan pursuant to Section 16.34.070(B) has been submitted that demonstrates that there will be no impacts to the Water Quality Resource and/or HCA during construction. Clackamas County Service District No. 1 approval is required for all development on properties within two hundred (200) feet of a protected water feature.
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C. Development of Where a property that has previously satisfiedhas been subdivided, and the mitigation and conservation easement requirements of this chapter may proceed in areas outside of the boundaries of the recorded conservation easementhave been completed for the
subdivision, development on the individual lots may proceed without further review. Uses listed as exempt pursuant to a recorded conservation easement shall also be exempted from application of this chapter.
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16.34.075 Discretionary development standards.
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D. Natural Resource Review (NRR). An applicant seeking discretionary approval to undertake any development activity within a Water Quality Resource or HCA that does not comply with Section 16.34.070 and is not described in subsections A, B or C shall apply for a Natural Resource Review pursuant to subsection D. Natural Resource Review (NRR) is the discretionary process by which the City analyzes the impacts of development on natural resources, as well as measures to prevent negative impacts, and also provides mitigation and enhancement requirements. The Planning Official Director may consult with a professional with appropriate expertise to evaluate an
applicant’s NRR application prepared under this section or may rely on appropriate staff expertise, in order to properly evaluate the report’s conclusions.
1. Agency Coordination. Other state and regional agencies, including Clackamas County Service District No. 1, regulate some of the natural resources that are protected by the standards of this chapter. In order to avoid unnecessary duplication, an applicant may substitute application materials prepared for Clackamas County Service District No. 1, or
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another regulating agency, for the materials required by this section where these materials will provide sufficient information for the City to address the approval criteria in subsection (D)(3).
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Chapter 16.35 FLOOD MANAGEMENT OVERLAY ZONE […]
16.35.050 Variances.
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E. Buildable Lot Variance. A variance to avoid the loss of all economically viable use of a lot that is partially inside the water quality resource zone is permitted. Development on such lots shall not disturb more than five thousand (5,000) square feet of the vegetated corridor, including access roads and driveway, subject to the erosion and sediment control standards
of Clackamas County Service District No. 1. Applicants must demonstrate the following:
1. Without the proposed variance, the applicant would be denied economically viable use of the subject property. To meet this criterion, the applicant must show that:
a. The proposed use cannot meet the standards in subsection D of this section (Hardship variance), and
b. No other application could result in permission for an economically viable use of the subject property. Evidence to meet this criterion shall include a list of uses allowed on the subject property;
2. The proposed variance is the minimum necessary to allow for the requested use;
3. The proposed variance will comply with Section 16.34.075(D)(1) (mitigation plan) and the rules and regulations of Clackamas County Service District No. 1; and
4. The proposed use complies with the standards of the base zone.
F. Variance Conditions. The Planning Official may impose such conditions as are deemed
necessary to limit any adverse impacts that may result from granting relief. If a variance is granted pursuant to subsections (D)(1) through (D)(6) of this section, the variance shall be subject to the following conditions: The minimum width of the vegetated corridor shall be no less than twenty (20) percent of the minimum vegetated corridor on each side of a protected water feature, except as allowed in Section 16.34.030.
Chapter 16.42 LANDSCAPING, STREET TREES, FENCES AND WALLS, RECREATION AREAS […]
16.42.030 Landscaping standards.
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K. Assurance Required. Landscaped areas shall provide assurance to the City for one hundred twenty-five (125) percent of the estimated cost of the project through a bond, escrow account or
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