Chapter 16.44 SPECIAL STANDARDS FOR CERTAIN USES

§ 16.44.010 Design standards for multifamily housing.

The purpose of this section is to provide for additional review to encourage the development of multi-family residential buildings that are visually engaging and compatible with one another and with the surrounding district.

Multifamily residential developments shall comply with the requirements of this chapter and the following additional requirements.

Roofs. Roofs shall meet the following additional requirements:

Roofs shall be gabled or hip type roofs (minimum pitch 3:12) with an overhang that is commensurate with the pitch of the roof and using shingles or similar roofing materials. Alternatives may be approved where the developer can demonstrate that abutting structures or the majority of structures within 300 feet have roofs similar to what is proposed.

Modulation of the building mass shall distinguish individual units and break down the scale of the building through one or more of the following between units:

Vertical offsets that provide breaks in the roof line;

ii.

Horizontal offsets that provide variation in the façade plane; and/or

iii.

Variations of the roof form, such as dormers or street facing gable ends that provide breaks of the roof line.

Entries.

Entries shall be sheltered with an overhang, portico or recessed entry or otherwise articulated with an architecturally detailed entry.

Primary dwelling entries shall face a public street or designated pedestrian way and be visible from the street whenever feasible.

Multiple Units. Ground floor units shall face a public street or designated pedestrian way and be visible from the street whenever feasible and shall avoid out-of-direction travel. Upper story units may share entries.

Secondary entries may face parking lots or loading areas.

Building Façades Design.

Detailed Design. Detailed design shall be provided by using at least eight of the following 14 architectural features on all elevations as appropriate for the proposed building type and style (see Figure 16.44.010-4; may vary features on rear/side/front elevations):

Dormers;

ii.

Gables;

iii.

Recessed entries;

iv.

Covered porch entries;

Cupolas or towers;

vi.

Pillars or posts;

vii.

Eaves (minimum of six-inch projection);

viii.

Offsets in building face or roof (minimum of 16 inches);

ix.

Window trim (minimum four inches wide);

Bay windows;

xi.

Balconies;

xii.

Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation or similar features);

xiii.

Decorative cornices and roof lines (e.g., for flat roofs);

xiv.

An alternative feature providing for visual relief, similar to options i through xiii.

Residential Mixed Use Structures. The residential portion of a mixed use structure shall be differentiated through the use of design elements such as decks, balconies, landscaping, chimneys, dormers, gable or hipped roofs or step backs above the second story to provide upper story deck areas. Masonry should be used for chimney construction.

Figure 16.44.010-4 Example of Architectural Details—Multifamily

Landscape/Hardscape Design. The following standards apply in addition to the landscaping standards in Chapter 16.42.

Where new or substantially remodeled buildings are set back from property lines and sidewalks, intervening landscaping shall be designed to invite the public in, not to provide separation.

ii.

Where non-pedestrian space is placed between a building and a sidewalk, benches, low sitting walls or other street furniture shall be placed in order to enliven the sidewalk.

iii.

Small areas of landscaping and paving in courtyards, entryways, building nooks and other areas shall use materials and designs similar to adjacent public spaces where such use will make the area appear larger or more inviting. This requirement is intended to minimize the transition from public to private space, but is not intended to restrict changes in material where it is functionally necessary or where it will avoid visual monotony.

iv.

Hardscaping or landscaping shall be located in stopping areas created outside of pedestrian circulation areas. Stopping areas may be created by an enclosure, a change in grade or a change in paving materials.

Decorative iron gates and hangers for signs, flags and hanging baskets may be required as part of the landscape plan.

vi.

Miscellaneous solid wood materials such as fences, decks, balconies, pergolas, etc. that are not painted in conjunction with the greater development color palette shall be uniformly stained any variety of the color brown and be required by the development's Codes, Covenants and Restrictions (CC&Rs) to be maintained over time.

Offsets. Along the vertical face of a structure, when facing a public street, pedestrian way or an abutting residential use, offsets shall occur at a minimum of every 24 feet by providing any two of the following (see Figure 16.44.010-6):

Recesses (decks, patios, entrances, floor area, etc.) of a minimum depth of four feet;

Extensions (decks, patios, entrances, floor area, etc.) at a minimum depth of four feet, with a maximum length of an overhang not to exceed 25 feet;

If a partially enclosed covered porch is proposed, this can meet one of the offset requirements provided the porch is four feet deep and at least 125 square feet in area.

Figure 16.44.010-6 Example of Extensions and Recesses

Private Outdoor Areas.

A separate outdoor area of not less than 48 square feet shall be attached to each ground level dwelling unit. These areas shall be separated from common outdoor areas in a manner, which enables the resident to control access from separate to common areas with elements such as walls, fences, or shrubs.

A separate outdoor area of not less than 48 square feet in the form of balconies, terraces, or porches shall be provided for each dwelling unit located above the ground level.

Parking Lots. Parking lots in multifamily developments shall not occupy more than 50% of the frontage of any public street abutting the lot or building.

Individual Storage Areas. Enclosed storage areas shall be required and may be attached to the exterior of the dwelling unit to accommodate garden equipment, patio furniture, barbeques, bicycles, etc. Storage areas may be provided within garages if the required storage area is in addition to the required parking areas required.

Carports and Garages. If carports and garages are provided, the form, materials, color and construction shall be compatible with the complex they serve.

Shared Outdoor Recreation Areas. Multifamily residential development shall provide usable recreation areas for developments containing more than five dwelling units at the rate of 200 square feet per dwelling unit. Such areas shall be counted as part of the required landscaping. Examples include, but are not limited to, playgrounds, exercise trails, swimming pools, etc. Usable recreation area may also include slopes, wetlands, natural resource buffer areas, and other natural site features, however, at least 50% of the recreation area must be located outside the boundaries of such areas and slopes may not exceed 10% in the 50% usable recreation area. Gazebos and other outdoor covered spaces are encouraged and qualify as one and one-fourth square feet for every one square foot of required shared recreation area. The shared outdoor recreation area shall be located and designed in a manner which:

Provides approximately the same accessibility to the maximum number of dwelling units possible;

Windows shall be located to encourage watching over entry areas, shared recreational areas, laundry areas, walkways and parking areas from windows in at least two adjacent dwelling units. These windows must be located in kitchen, living room, dining room, or other activity rooms (bedrooms or bathrooms are not included);

Provides a separation from parking and driveway areas with a landscaped transition area measuring a minimum of 10 feet wide;

Controls access to shared outdoor areas from off-site as well as from on-site parking and entrance areas with features such as fencing, walls and landscaping;

Provides a usable surface materials such as lawn, decks, wood chips, sand and hard surface materials (concrete/asphalt).

10.

Safety and Security.

Provide an outdoor lighting system that facilitates police observation and resident observation through strategic location, orientation and brightness without being obtrusive by shining into residential units or adjacent residential developments.

Establish a directory for apartment complexes of five or more units, which clearly orients visitors and emergency service providers as to the location of residential units. Where possible, this system should be evident from the primary vehicle entryway.

11.

Service, Delivery and Screening.

Locate postal delivery areas in a convenient location efficiently designed for residents and mail delivery personnel and in accordance with U.S. Postal Service requirements.

Provide pedestrian access from unit entries to postal delivery areas, garbage and recycling collection areas, shared activity areas and parking areas. Elements such as, but not limited to, concrete paths, striped walkways or raised walkways through vehicular areas or gravel trails will meet this requirement.

Provide garbage collection and recycling areas in convenient locations for the service provider and residents.

Garbage collection areas shall have a concrete floor surface and shall have a gate on the truckloading side and a separate pedestrian access.

Outdoor storage areas, garbage containers and recycling bins shall be screened from view in one of the following manners:

A solid sight obscuring wall or fence not less than six feet in height and constructed of durable materials compatible with the primary structure(s) shall surround these areas;

ii.

Evergreen plant materials that will retain their screening ability year-round and will reach the height of six feet within three years from time of planting. An overlap of three inches is required of the evergreen plant screening. The material shall completely screen the area from the public view.

Electrical and Mechanical Equipment. On and above-ground electrical and mechanical equipment such as transformers, heat pumps and central air conditioner units shall be completely screened with sight-obscuring fences, walls or landscaping.

12.

The Planning Official or designee may allow exceptions to these standards without the need to obtain a formal variance pursuant to Chapter 16.71 provided at least one of the following circumstances is met:

The applicant demonstrates that the physical characteristics of the site or existing structure make compliance impractical (e.g., they include, but are not limited to, steep slopes, wetlands, other bodies of water, trees or other nature features of the site, buildings or other existing development, utility lines and easements, etc.); or

The applicant demonstrates that the alternative design is exceptional in the quality of detailing, appearance or materials and/or creates a positive unique relationship to other structures, views or open space in a manner that accomplishes the purpose of design review standards for multifamily developments in Section 16.44.010.

13.

A request for exception under this provision may be processed as part of the underlying application or separately as a Design Review II application.

14.

Multifamily dwellings in Village Commercial District (VC) shall comply with the following:

Any dwelling unit located on the second floor must have an exterior door.

Exterior staircases are not permitted.

The most architecturally significant façade and primary entrance of development along Oregon Trail Drive shall be oriented toward Oregon Trail Drive.

(Ord. 389 § 1(Exh. A), 2009; Ord. 406 § 1, 2010; Ord. 427 § 1, 2012; Ord. 446 § 1, 2014; Ord. 468 § 1, 2014; Ord. 526 § 1, 2017; Ord. 545 § 1, 2019; Ord. 550 § 1, 2020; Ord. 561 § 1(Exh. A), 2022; Ord. 566 § 1, 2022; Ord. 582, 3/19/2024)

§ 16.44.020 Wireless communications facilities.

Purpose. The purpose of this section is to assure that wireless communication facilities are located, designed, installed, maintained and removed in a manner that provides for the effective provision of wireless communications within the City, while protecting and promoting the health, safety, and welfare of the City and its residents by:

Requiring the collocation, to the greatest extent possible, of new wireless communication facilities on existing facilities in order to minimize the number of support towers and related equipment;

Carefully considering the topography, natural features, and adopted overlay zones in selecting potential wireless communication facility sites;

Encouraging the use of existing structures, including, but not limited to, freestanding structures such as light or utility poles and water towers, instead of constructing new support towers;

Encouraging the location of new support towers and related equipment in nonresidential zones;

Limiting new structures and regulating the enlargement or expansion of existing structures in the right-of-way for the purpose of providing wireless communication facilities; and

Providing wireless communication services using facilities with minimal visual impact.

Excluded Facilities. The following facilities are exempt from the requirements of this section:

Siting of dish antennas solely for the benefit of persons residing on a property.

Amateur or "ham" radios and associated equipment.

Public safety communication facilities.

"Utility facilities" as defined in Section 16.12.030.

"Small wireless facilities" placed in the public right-of-way as defined and outlined in Chapter 12.06.

Maintenance of existing wireless communication facilities, as defined in this section.

General Provisions: Siting Priority, Land Use Districts, Collocation Requirements.

Siting Priority. Except as otherwise provided in subsection (C)(3)of this section, a wireless communication facility shall be sited according to the following priority, by descending order of preference:

First priority: collocation of an antenna or antenna array, including small wireless facilities, on an existing support tower, support structure, or utility structure;

Second priority: collocation of an antenna or antenna array, including small wireless facilities, on a replacement structure;

Third priority: substantial change in the physical dimensions of a support tower or replacement with a support tower that represents a substantial change in the physical dimensions of the original support tower;

Fourth priority: construction of a new support tower.

Land Use Districts.

Wireless communication facilities are allowed subject to the provisions of this section, the applicable requirements in each land use district, and subject to the following additional limitations:

Zones	Collocation with No Substantial Change and Small Wireless Facilities (located outside of the public right-of-way)	Other New Facility or Substantial Change
Residential	Permitted	Collocation with substantial change permitted as a conditional use subject to the development and design standards. New support tower permitted as a conditional use subject to the requirements of Section 16.44.020.D and the development and design standards of this section.
Steep Slopes and Natural Resources Overlay	Small wireless facilities permitted	Prohibited.
Institutional & Public Use	Permitted	Permitted, subject to the development and design standards of this section.
Commercial	Permitted	Permitted, subject to the development and design standards of this section.
Industrial	Permitted	Permitted, subject to the development and design standards of this section¹.
Future Urban – 10 acres	Permitted	Permitted as a conditional use subject to the development and design standards of this section.

Notes:
¹ WCF are permitted outright in the industrial districts, with a height maximum of 200 feet.

Small wireless facilities are permitted in all zones within and/or outside of the public right-of-way, per the size requirements found within Section 16.12.030 (Definitions), above. Small wireless facilities located within the public right-of-way are further subject to Chapter 12.06 (Small Wireless Facilities) of this code.

The siting of new speculation support towers is prohibited in all zones.

All wireless communication facilities, except for small cell facilities not proposed on a new support tower or support tower system, located in the right-of-way shall be attached to existing utility structures or replacement structures.

Modifications are permitted in all zones, provided the modification does not result in a substantial change in the physical dimensions of the existing support tower or base station.

Collocation Required.

Except for a small cell facility or a new support tower or structure proposed in an industrial district, a wireless communication facility located outside the right-of-way shall be collocated, unless the applicant demonstrates that:

No existing support structures or support towers which meet the applicant's coverage, capacity and engineering requirements are located within the identified geographic area;

ii.

Existing support towers, support structures, utility structures or replacement structures are not of sufficient height to provide the identified service within the geographic area;

iii.

Collocation would interfere with other wireless communication facilities located on an existing support structure or support tower or would jeopardize the physical integrity of the facility upon which collocation would be made;

iv.

Consent cannot be obtained for the collocation on an existing support structure or support tower despite the applicant's reasonable efforts to obtain such consent; or

It is not feasible from an engineering or structural standpoint to achieve collocation on an available existing support structure or support tower either due to structural limitations or because the needed auxiliary support equipment cannot be accommodated at the site.

All wireless communication service providers shall cooperate with other providers to achieve collocation of facilities and all new support structures and support towers shall be designed so as to not preclude collocation provided collocation can be accommodated in a manner consistent with the applicable design and development standards.

In the event collocation is represented to be infeasible, the City may retain a technical expert in the field of telecommunications engineering to evaluate whether collocation at the site is feasible.

A wireless communication service provider shall exercise good faith in attempting to achieve collocation with other providers and sharing antenna sites, provided that such shared use does not technically impair its ability to provide wireless communication service. Such good faith shall include sharing of technical information to evaluate the feasibility of collocation. The City may deny a permit application for a wireless communication facility if it determines that the applicant has not made a good faith effort to collocate on an existing support structure or support tower.

Collocation/Modification Standards.

All collocations and modifications shall be designed in such a way as to be visually compatible with the structures on which they are placed. If the existing support structure incorporates stealth technologies or camouflage in its design, collocated and modified facilities shall be similarly designed.

Except for small cell facilities, auxiliary support equipment shall be located within the existing enclosure and shall not result in any material exterior changes to the enclosure.

Collocations and modifications to existing support structures, support towers or base stations shall meet all applicable building code requirements. The applicant shall demonstrate to the satisfaction of the Building Official that the collocation or modification will not adversely affect the structural integrity of the support structure, support tower or base station.

A collocation or modification proposed for a building listed in the Happy Valley Register of Historic Structures shall be designed to incorporate or enhance the existing architectural and design elements of the building.

Permit Required—Siting Limitations—Interference—Abandonment.

Except as otherwise provided in this section, a new wireless communication facility shall not be sited within the City unless a permit is obtained consistent with this section and the applicable requirements of this Code.

New support towers are permitted as conditional uses in all residential land use districts if, in addition to demonstrating compliance with the conditional use, development and design standards, the applicant also demonstrates compliance with the collocation requirements in subsection C.3.a and the following conditions exist:

The proposed facility is necessary to satisfy the applicant's coverage, capacity and/or engineering requirements within the identified geographic area and the facility is the least intrusive means to meet these requirements, including documentation from a radio frequency (RF) engineer or a licensed civil engineer regarding the nature and necessity of the coverage, capacity and/or engineering requirements;

The proposed facility must be sited in a residential zone to satisfy the applicant's coverage, capacity and/or engineering requirements;

The characteristics of the site (size, shape, location, topography, and location of improvements and natural features) are suitable for the proposed facility;

The proposed facility will not substantially change the character of the surrounding residential area in a way which limits or precludes use of the surrounding properties consistent with the provisions of the residential zone;

The proposed facility is designed to minimize the negative impacts on the surrounding properties and uses by utilizing existing site characteristics, including but not limited to the site's size, shape, location, topography, improvements, and natural features, as well the incorporation of camouflage and/or stealth technology. Negative impacts are minimized if there is:

A decrease in negative visual impacts, including, but not limited to, visual clutter;

ii.

Better preservation of views or view corridors; and

iii.

A decrease in any other identifiable negative impacts to the surrounding area's primary uses.

A new support structure or support tower shall not be constructed, installed or erected within 1,000 feet of any other support structure or support tower that is owned, operated or occupied by the same wireless communication service provider. This separation standard does not apply to small cell facilities that work together in a small cell network. Exceptions to this standard may be permitted by the Planning Official or person designated by the Planning Official if, after reviewing evidence submitted by the service provider, the Planning Official or designee finds: (a) that closer spacing is required in order to provide adequate wireless communication service to the subject area; and (b) the service provider has exhausted all reasonable means of collocating on other existing structures located within the proposed service area. The Planning Official's or designee's decision may be appealed to the review body provided the appeal is filed with the Planning Official or designee within 10 calendar days of the decision. The appeal shall include the appropriate fees, as set by the City Council by resolution.

A support structure or support tower that has not had an antenna or antenna array mounted on it for a period of 180 successive days, or if the antenna or antenna array mounted thereon are not operated for a period of 180 successive days, shall be considered abandoned and the owner shall remove the structure or tower and any accompanying auxiliary support equipment within 90 days from the date of written notice from the City. During the 90 days, the owner may apply, and upon a showing of good cause, may be granted an extension of time on such terms as the Planning Official or designee shall determine. If the structure and auxiliary support equipment are not removed, the City may declare the abandoned facility to be a nuisance and seek enforcement pursuant to the Happy Valley Municipal Code and/or may seek and obtain a court order directing the structure or tower to be removed and placing a lien on the real property upon which the structure(s) is located in an amount equal to the cost of removal.

Application Submittal Requirements. In addition to the submittal requirements for the applicable approval type in Chapter 16.61, an application for a new wireless communication facility shall include the following:

Collocation/Modification/Small Cell Facility Installation Application.

A site plan that includes a description of the proposed new facility or modification, the design and dimensions, together with elevations showing all components of the existing support structure or support tower and its connection to utilities;

Documentation that the proposed facility meets the radio frequency emissions requirements of the Federal Communications Commission;

Documentation that any auxiliary support equipment will not emanate noise at levels that exceed City standards, or designs showing how the sound will be effectively modified to meet those standards by means of baffling, barriers, or other suitable means;

An engineer's certification that the proposed support structure or support tower will safely handle the load created by the collocation, modification or attachment and comply with American National Standards Institute (ANSI) and other industry safety and structural codes and standards.

Application for a new Wireless Communication Facility, Other Than a Collocated/Modified/Small Cell Facility Subject to Subsection E.1. In addition to the submittal requirements listed in subsection E.1, an application for a new wireless communication facility or modification shall include the following:

An engineer's certification that the proposed support structure or support tower will safely handle the load created by the new facilities and future collocation facilities, and complies with American National Standards Institute (ANSI) and other industry safety and structural codes and standards.

For new support towers, documentation from a radio frequency (RF) engineer or a licensed civil engineer that the necessary service cannot be provided by collocation on, or modification to, an existing support tower or support structure or utility structure, or by attachment on a replacement structure for one or more of the following reasons:

No existing support structures, or utility structures are located within the geographic area where service will be provided;

ii.

There are no existing support towers, support structures or towers that meet the applicant's coverage, capacity and/or engineering requirements within the identified geographic area;

iii.

Collocation would interfere with other wireless communication facilities location on an existing support structure or tower, or would jeopardize the physical integrity of the facility upon which collocation would occur;

iv.

Consent cannot be obtained for the collocation on an existing support structure or tower despite the applicant's reasonable efforts to obtain such consent; or

It is not feasible for engineering or structural reasons to collocate on an available existing support structure or tower either due to structural limitations or because the needed auxiliary support equipment cannot be accommodated at the site.

An alternatives analysis for new support towers demonstrating compliance with the siting priorities of subsection C.1; provided, however, that an applicant is not required to consider small cell facilities as an alternative to a proposed new support tower.

The number and type of antennas that the support tower is designed to accommodate.

A signed statement of compliance from the owner of the wireless communication facility that the owner will allow timely collocation by other users, provided all safety, structural, technological, and monetary requirements are met.

A visual study containing, at a minimum, color simulations showing the appearance of the proposed support tower, antennas, and auxiliary equipment from at least three viewpoints within reasonable proximity of the site. The viewpoints shall be chosen by the applicant, but shall include representative views from residential buildings, historic resources, or historic districts located within 250 feet of the proposed site. If the support tower must comply with the design standards applicable to historic structures, the graphic simulation shall include the proposed design.

If applicable due to the nature of the proposal, coverage maps showing any gap in the service provider's coverage, capacity or technologies and the minimum height or configuration of the facility needed to fill the gap.

Application for New Support Tower in Residential Zones. In addition to the submittal requirements of subsections E.1 and E.2, an application for a new support tower in any residential zone shall also provide documentation that:

The proposed facility must be sited in a residential or future urban zone to satisfy the applicant's coverage, capacity and/or engineering requirements;.

The characteristics of the site (size, shape, location, topography, and location of improvements and natural features) are suitable for the proposed facility;

A decrease in negative visual impacts, including, but not limited to, visual clutter,

ii.

Better preservation of views or view corridors, and

iii.

A decrease in any other identifiable negative impacts to the surrounding area's primary uses.

Procedures.

Applications for collocation on an existing support structure, support tower, base station or utility structure, or modification that will not result in a substantial change in the physical dimension of the existing facility shall be reviewed pursuant to the Type I Administrative procedure provided at Section 16.61.020.

An application for small cell facilities shall be reviewed pursuant to the Type I Administrative procedure provided in Section 16.61.020. At the applicant's discretion, a consolidated application addressing all or part of a small cell network may be submitted for Type I review as an alternative to individual permitting for each small cell facility in a small cell network.

An application for a modification that will result in a substantial change in the physical dimension of the existing facility shall be reviewed pursuant to the Type II Administrative procedure provided at Section 16.61.030, unless the application is for a site in a residential or future urban zone.

An application to site a new wireless communication facility on a new support structure or support tower in zones other than residential or future urban zones shall be reviewed pursuant to the Type II Administrative procedure provided at Section 16.61.030.

Except as provided above in subsections F.1 and F.2, an application to site a new wireless communication facility on a new support structure or support tower in all residential or future urban zones shall be reviewed pursuant to the Type III Quasi-judicial procedure provided at Section 16.61.040.

The City shall issue a final decision on all applications consistent with the timing requirements of ORS 227.178 and applicable federal regulations.

Approval Criteria.

Collocated Facilities and Modifications.

A new wireless communication facility or modification to an existing facility that does not result in a substantial change in the physical dimension of the existing facility shall meet the applicable collocation requirements and standards of this section.

A new wireless communication facility or modification to an existing facility that would result in a substantial change in the physical dimension of the existing facility shall meet the applicable collocation requirements and standards of this section.

New Support Structure or Tower.

A new support structure or support tower is subject to all provisions of this section.

In addition, a new support structure or support tower shall meet the following criteria:

The application as approved will minimize and/or mitigate reasonably likely adverse impacts of the use on the adjacent properties, surrounding neighborhood and neighborhood character. In order to mitigate and minimize the impact of the support structure or tower, the City may impose conditions relating to the size, design, operating conditions, or other features of the proposal, including those which may be applicable to conditional uses under this Code; and

ii.

The application demonstrates compliance with the collocation requirements in subsection C.3.a.

Development and Design Standards.

Setback Requirements.

New support structures and support towers and auxiliary support equipment shelters must meet the applicable setback requirements of the zone in which they are proposed to be sited, except as required in subsection b or c below.

A new support structure or support tower proposed on property that is adjacent to a residential zone or an existing residential structure must be set back from the relevant property line or structure by a distance equal to the height of the proposed support structure or support tower.

The review body may require greater setbacks for a proposed new support structure or support tower to assure that the proposed facility complies with the visual impact standards of this section or to address identified safety concerns.

Height Limitations.

A new support structure or support tower located in an institutional, commercial or industrial zone shall meet the applicable height limitation for the zone in which it will be located, provided that the facility may exceed the height limit in the zone by demonstration by the applicant that additional height is necessary to meet the applicant's coverage, capacity and/or engineering requirements for an identified technology or service. However, a new support structure or support tower may not exceed 200 feet in an Industrial zone or 150 feet in any other zone. A "speculative height" support structure or support tower designed to accommodate unknown future users are not allowed in any zone.

A new support structure or support tower proposed in a residential or future urban zone shall meet the otherwise applicable height standards in the zone, provided that the facility may exceed the height limit in the zone by demonstrating that additional height is necessary to meet the applicant's coverage, capacity and/or engineering requirements for an identified technology or service. A new support structure or support tower in a residential or future urban zone must be constructed using stealth technology.

An antenna attached to an existing support structure, including utility structures and replacement utility structures, may add 20 feet to the overall height of the existing structure regardless of the height standard of the underlying zone.

Development Standards.

The area around the base of support towers (including any auxiliary support equipment) must be fenced, with a sight-obscuring fence a minimum of six feet in height. The fenced area is to be surrounded by evergreen shrubs (or a similar type of evergreen landscaping), placed within a landscaped strip a minimum of 10 feet in width. In the event that placement of a proposed support tower and/or auxiliary support equipment is located in a unique area within a subject site that would not benefit from the addition of landscaped screening, the Planning Official or designee may require that the applicant submit a landscape plan illustrating the addition of a proportional landscape area that will enhance the subject site either at a building perimeter, parking lot, or street frontage, adjacent to or within the subject site. Although barbed wire is permitted, no concertina (razor) wire shall be installed atop any fence or barrier.

All support structures, support towers, antennas, and antenna arrays and associated facilities shall be finished in a non-reflective neutral color. For a new support structure or tower, the Review body may require camouflaging or stealth technology.

Construction and installation of a new support structure or a new support tower is subject to all applicable building code requirements.

Antennas, antenna arrays, support structures and support towers shall not be artificially lighted except as required by the Federal Aviation Administration or other governmental agency.

Signs, symbols, flags, banners or other such devices or things may not be attached to, painted or inscribed on a wireless communication facility, except for signs with standard public safety warnings, contact information or similar signage.

The applicant shall maintain and, if necessary, improve, the existing access to City standards. If there is no existing access, the applicant shall provide a paved access driveway a minimum of 10 feet wide to accommodate service vehicles.

Wireless Communication Facility Adjustment.

Applicability. Except as otherwise provided in this section, a wireless communication facility shall not be used or developed contrary to any applicable development standard unless an adjustment has been granted pursuant to this section. These provisions apply exclusively to wireless communication facilities and are in lieu of the generally applicable variance provisions in Chapter 16.71.

Procedure Type. A wireless communications facility adjustment is a Type II procedure.

Submittal Requirements. In addition to the general submittal requirements for a Type II application, an application for a wireless communication facility adjustment shall include:

A written statement demonstrating how the adjustment would meet the criteria.

A site plan that includes:

Description of the proposed facility's design and dimensions, as it would appear with and without the adjustment.

ii.

Elevations showing all components of the wireless communication facility as it would appear with and without the adjustment.

iii.

Color simulations of the wireless communication facility after construction demonstrating compatibility with the vicinity, as it would appear with and without the adjustment.

Criteria. An application for a wireless communication facility adjustment may be granted if the following criteria are met:

The adjustment is consistent with the purpose of the development standard for which the adjustment is sought.

Based on a visual analysis, the design minimizes the visual impacts to residential zones through mitigating measures, including, but not limited to, building heights, bulk, color, and landscaping.

The applicant demonstrates the existence of either of the following:

Gap in Service.

(A)

A gap in the coverage, capacity, or technologies of the service network exists;

(B)

The gap can only be filled through an adjustment in one or more of the standards in this section; and

(C)

The adjustment is narrowly tailored to fill the service gap such that the wireless communication facility conforms to this section's standards to the greatest extent possible.

Minimization of Impacts. The adjustment must minimize or eliminate negative impacts to surrounding properties and uses through by utilizing existing site characteristics including, but not limited to, the site's size, shape, location, topography, improvements, and natural features. Negative impacts are minimized or eliminated if there is:

A decrease in negative visual impacts, including, but not limited to, visual clutter;

Better preservation of views or view corridors; or

A decrease in any other identifiable negative impacts to the surrounding area's primary uses.

Special Provisions.

Temporary Facilities. In order to facilitate continuity of services during maintenance or repair of existing facilities or prior to completion of construction of a new facility, temporary wireless communication facilities are allowed through administrative review. Temporary facilities authorized under this subsection may not be used in excess of 90 days, may not have a permanent foundation and shall be removed within 30 days after the permanent facility is completed. A permit for a temporary facility under this subsection may not be renewed or extended, nor may a new permit be issued for the same facility within the succeeding six months after the expiration of the initial permit.

Third-Party Review and Associated Fees. The City may engage a third-party expert to review evidence presented by an applicant under this section to demonstrate compliance with this section as to the infeasibility of collocation or the need to fill a service gap. The City Council may establish reasonable fees in amounts sufficient to recover all of the City's costs to retain such consultants.

Issuance of Building Permit. No building permit shall be issued for the construction of a wireless communication facility until the application for the specific type of siting has been approved, including any local appeal.

Exception for Public Utilities. Nothing in this section shall be deemed to prohibit a public utility, as defined in ORS 757.005 from installing or constructing a new utility structure, or enlarging, expanding, or reconstructing an existing utility structure in right-of-way, if the installation, construction, enlargement, expansion, or reconstruction of the utility structure would otherwise be permitted under law and the utility can demonstrate that the need for the new utility structure is not related to or created by a wireless communication facility.

Relocation.

The City may require a wireless communication facility located in the right-of-way to be relocated when the public convenience requires the relocation, and the expense thereof shall be paid solely by the owner of the wireless communication facility.

Prior to requiring relocation, the City will provide the owner with notice substantially similar to that given to franchisees, licensees, or grantees.

Should an owner fail to remove or relocate the wireless communication facility or facilities by the date stated in the notice, the City may cause removal or relocation of the wireless communication facility or facilities, and the expense thereof shall be paid by the owner, including all enforcement and other costs incurred by the City due to the owner's failure to remove or relocate the wireless communication facility or facilities.

If an owner must relocate its wireless communication facility or facilities in the right-of-way as the result of a request by the City, the City will make a reasonable effort to provide the owner with an alternate location for the relocated facility.

Measurements. Unless otherwise specified in this section, all references to existing, allowed or modified height in this section are measured from the original grade at the base of the wireless communications facility as originally approved to the highest point on the wireless communication facility, including all antennas approved prior to February 22, 2012, and excluding any lightning rods.

(Ord. 481 § 1, 2015; Ord. 501 § 1, 2016; Ord. 552 § 1, 2020)

§ 16.44.030 Model homes.

Purpose. This section permits construction of model homes in conjunction with preliminary approval of a residential subdivision pursuant to Sections 16.63.050 through 16.63.070 of this title.

Process. A model home may be approved by the review body concurrently with an application for preliminary approval of a residential subdivision or subsequent to preliminary approval of a residential subdivision and prior to final plat approval. Model homes that are applied for subsequent to a preliminary subdivision approval shall be evaluated pursuant to a Type I procedure.

Approval Criteria. A model home may be constructed and occupied only for the purpose set forth in this section and consistent with its definitions prior to final plat recording and subject to the following approval criteria:

The lot and home foundation for the proposed model home must be surveyed by a person who is registered in Oregon as a land surveyor and holds a valid certificate consistent with State law. The surveys must establish the location of the model home structure consistent with the dimensional requirements of the underlying development district pursuant to Articles 16.2 and 16.3 or as otherwise provided in this title.

The proposed model home shall be in compliance with all applicable dimensional requirements including, but not limited to, maximum height, maximum lot coverage, minimum setbacks and minimum lot size.

Adequate parking shall be available to serve the model home site. No model home may be occupied where on-street parking is not available on a public right-of-way or private street that is immediately adjacent to the lot. Where adjacent on-street parking is inadequate, additional temporary off-street parking may be required. Temporary off-street parking must be removed and adequate landscaping installed consistent with this title prior to any sale of the model home or lot. At least four parking spaces shall be provided for each model home.

Adequate emergency vehicle access shall be provided to each model home lot, as approved by the City Public Works Director.

Adequate water supply for fire fighting, as approved by the City Public Works Director, shall be provided to each model home lot prior to installation of combustible materials.

All required public and private utilities within the public right-of-way or private street shall be installed prior to occupancy of the model home. All utility installation must be inspected and approved by the City consistent with this title. This provision is in addition to any other requirements for public utility improvements as may be provided in this title or other applicable law.

The number of model homes in a residential subdivision may be allowed as follows:

Between one and fifty (50) residential lots, two model homes;

Between 51 and 100 residential lots, three model homes;

Between 101 and 199 residential lots, six model homes;

Two hundred or more residential lots, eight model homes.

If more than one model home is proposed, the lots on which the model homes are to be located shall be contiguous to one another and within the first phase of development.

No variances under Chapter 16.71 shall be permitted to accommodate the model home.

Remedial Action. In the event the City determines the model home has encroached on a property line or violated any applicable standards, the following steps shall be taken to correct the violation:

The City shall provide notice to the applicant identifying the violation and requesting correction of the violation within 60 days of the date of the notice. The City may require more or less time on a case-by-case basis. The time required to cure the encroachment does not extend or modify the timeline for submitting a final plat or the termination of the model home approval as set forth in Section 16.44.030.

The applicant shall correct the violation within the time provided in the notice unless otherwise agreed to by the City in writing.

In the event the applicant fails to correct the violation to the satisfaction of the City within the time provided in the notice, the City may at its discretion use the security provided pursuant to subsection (D)(1) above, for purposes of correcting the violation.

The City will not accept an application for a final plat until such time as the violation is corrected. In the event an application is already filed before the violation is detected, the City shall deny the final plat as not consistent with the preliminary approval unless the violation is corrected.

Termination of Model Home Approval. The model home use shall be discontinued no later than two years from the date of the recording of the final plat of the entire subdivision or, where there is phasing, the first phase of the subdivision. Approval may be extended for a maximum of one additional year by the Planning Official or designee with the concurrence of the building official and public works director.

(Ord. 389 § 1(Exh. A), 2009; Ord. 433 § 1, 2013; Ord. 501 § 1, 2016)

§ 16.44.040 Lighting standards.

Purpose. The general purpose of this section is to require outdoor lighting that is adequate for safety and convenience; in scale with the activity to be illuminated and its surroundings; directed to the surface or activity to be illuminated; and designed to clearly render people and objects and contribute to a pleasant nighttime environment. Additional specific purposes are to:

Provide safety and personal security as well as convenience and utility in areas of public use or traverse, for uses where there is outdoor public activity during hours of darkness;

Control glare and excessive brightness to improve visual performance, allow better visibility with relatively less light, and protect residents from nuisance and discomfort;

Control trespass light onto neighboring properties to protect inhabitants from the consequences of stray light shining in inhabitants' eyes or onto neighboring properties;

Result in cost and energy savings to establishments by carefully directing light at the surface area or activity to be illuminated, using only the amount of light necessary; and

Control light pollution to minimize the negative effects of misdirected light and recapture views to the night sky.

Encourage energy efficient lighting with new technologies such as light emitting diodes (LED) or similar to reduce ongoing electrical demand and operating costs.

Applicability.

General.

All exterior lighting for any type of onsite use, unless excepted in subsection (B)(3).

The City Engineer or public works director shall have the authority to enforce these regulations on private property if any outdoor illumination is determined to present an immediate threat to the public health, safety and welfare.

Lighting Plan Requirement. All commercial, industrial, mixed-use, residential exterior athletic courts and facilities, and multifamily developments shall submit a proposed exterior photometric lighting plan. The lighting plan shall include plans and specifications for streetlights, parking lot lights, and exterior building lights as well as the lighting levels of the site in accordance with this section. The specifications shall include details of the pole, fixture height and design, lamp type, wattage, and spacing of lights.

Excepted Lighting. The following types of lighting are excepted from the requirements of this section:

Residential lighting for single-family attached, single-family detached, duplexes, triplexes, quadplexes, cottage clusters, and accessory dwelling units (with the exception of exterior athletic courts or facilities).

Public street and right-of-way lighting in Section 16.50.080.

Temporary decorative seasonal lighting provided that individual lamps have a light output of 60 watts or less.

Temporary lighting for emergency or nighttime work and construction.

Temporary lighting for theatrical, television, and performance areas, or for special public events.

Lighting for a special district, street, or building that, according to an adopted municipal plan or ordinance, is determined to require special lighting aesthetics as part of its physical character.

Lighting required and regulated by the Federal Aviation Administration.

Design and Illumination Standards.

The maximum site allowance shall be 0.25-foot candles per square-foot of hardscape.

Glare shall not cause illumination on other properties in excess of 0.5 footcandles of light as measured at the property line, with the exception of sport courts which may be up to five footcandles at the property line.

Lighting shall be provided in all of the following areas:

Parking lots and vehicular circulation areas;

Pedestrian walkways, pedestrian plazas, and pedestrian circulation areas; and

Building entrances.

With the exception of pedestrian scale lighting, all light sources shall be concealed or shielded with a full cut-off style fixture and shall have no light emitted above 90 degrees.

Figure 16.44.040-1

Lighting on outdoor canopies shall be fully recessed into the canopy and shall not protrude downward beyond the ceiling of the canopy.

Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal, or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.

Upward-directed architectural, landscape, and decorative lighting, direct light emissions shall not be visible above the building roofline.

No flickering or flashing lights shall be permitted, except for temporary decorative seasonal lighting.

The maximum height of any lighting pole is 25 feet, except in parking lots larger than five acres, the maximum height shall be 35 feet if the pole is located at least 100 feet from any residential zone.

(Ord. 389 § 1(Exh. A), 2009; Ord. 411 § 1, 2011; Ord. 582, 3/19/2024)

§ 16.44.045 Mobile home parks.

The standards of this section supersede the standards of Section 16.64.040, when applicable in regard to the underlying comprehensive plan designation/zoning district, of the LDC in reviewing applications for mobile home parks. The standards of this section are applicable to proposed new mobile home parks and mobile home park expansions, including the provision of all Level 1 services, per the requirements of this title.

Density and Setbacks. The maximum density allowed in a mobile home park shall not exceed that of the underlying zone. A minimum 10 feet distance shall be maintained between mobile homes.

Landscaping and Screening. Except as required for vision clearance, a landscaped area of at least 20 feet in depth which attains a height of at least five feet within two growing seasons is required along the perimeter of the park. A fence may be provided in addition to the required perimeter landscaping, its placement to be approved by the review body. In addition, all open spaces not occupied by structures, mobile homes or paved areas, shall be planted or otherwise landscaped and shall be properly maintained.

Roadways and Circulation. All private roads in mobile home parks shall be a minimum of 20 feet in width if parking is prohibited, or 30 feet if on-street parking is allowed. All private roads must meet City standards for construction and must be paved and named. An internal walkway system must connect each mobile home with the street system and recreation facilities. Circulation plans for mobile home parks must be approved by the fire district.

Fire Hydrants. An adequate number of fire hydrants shall be provided within the mobile home park, so that no mobile home space or structure within the park shall be more than 400 feet measured along a roadway from a hydrant.

Street Lights. Standard street lights shall conform to the standards of the lighting district.

Numbering of Spaces. Each mobile home space shall be legibly numbered so that it may be easily found, in a manner to be approved by emergency services. A site plan showing the general layout of the park, the location of each numbered space and all roadways shall be furnished to the fire district and to the City.

Recreational Vehicle Parking Area. For proposed new mobile home parks and mobile home park expansions, each mobile home park shall have a separate paved area designated for the parking and storage of recreational vehicles, campers, boats, trailers, etc. Such area shall be enclosed by a sight-obscuring fence. There shall be at least one recreational vehicle parking space for each six mobile home spaces in the mobile home park.

Recreation Area. For proposed new mobile home parks and mobile home park expansions accommodating children under 14 years of age, a minimum of twenty-five hundred (2,500) square feet, or 100 square feet per mobile home space, whichever is greater, shall be provided and maintained by the mobile home park owner for a recreation area. A separate play area is not required if an existing mobile home park can document that it was in existence before March 13, 1989, and rented spaces as an all adult park.

Accessory Structures. Other structures within the mobile home park for uses accessory to the park such as a service building, laundry area, recreational facilities, manager's office, etc., are permitted provided they do not draw trade from outside the park. All such accessory structures shall be located a minimum of 20 feet from any mobile home and from other structures, roadways and property lines.

Parking. A minimum of one paved parking space per unit is required.

Patio. Each mobile home space shall have a patio or deck of concrete, brick, stone or wood at least 120 square feet in size.

Utility Connections. Each mobile home shall be equipped with connections for running water, electricity and sanitary sewage disposal. All utility connections shall be located underground.

(Ord. 389 § 1(Exh. A), 2009; Ord. 411 § 1, 2011; Ord. 501 § 1, 2016)

§ 16.44.050 Accessory dwelling units.

Purpose. The purpose of this section is to establish appropriate locations, site development standards, and permit requirements to allow for the provision of accessory dwelling units (ADUs) within the City. ADUs, commonly referred to as "granny flats" or "mother-in-law apartments," are a well-established housing strategy that utilize an additional living unit in areas zoned for single-family use. By creating a self-contained unit with a separate entrance and kitchen from existing space in the primary dwelling; a combination of existing and newly created space; space in an existing accessory building; or, from the addition of a new accessory building, secondary living areas can be created in association with existing or new homes. Such living space can aid in the housing and dependent care of family members, provide rental income to offset the costs of home-ownership, and add to the supply of affordable housing options available to the citizens of Happy Valley.

Development Standards. In addition to the applicable standards of the underlying residential zone, ADUs shall comply with the following development standards:

ADUs shall be allowed only in conjunction with parcels containing one single-family dwelling. Only one ADU per parcel, or parent lot if applicable, is permitted.

The ADU may be created by converting existing living area or adding floor area, or construction of a new structure that is either attached or detached.

The building height of a detached ADU may not exceed 50% of the building height of the primary structure or 26 feet, whichever is higher.

The maximum gross habitable floor area (GHFA) of an attached ADU shall not exceed 50% of the GHFA of the primary residence on the lot. For a detached ADU, the GHFA shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed a maximum of 1,000 square feet, whichever is less. The floor area of any garage in the primary dwelling shall not be included in the total calculation of GHFA.

(Ord. 389 § 1, 2009; Ord. 398 § 1, 2010; Ord. 411 § 1, 2011; Ord. 422 § 1, 2012; Ord. 427 § 1, 2012; Ord. 545 § 1, 2019; Ord. 550 § 1, 2020; Ord. 592, 6/3/2025)

§ 16.44.055 Accessory uses and structures.

An accessory use shall comply with all requirements of a principal use, except as this title specifically allows to the contrary, and shall comply with the following limitations:

A fence, wall, retaining wall, gate or combination thereof may be located on real property, not within the right-of-way, subject to all of the following:

Fences and Walls.

A fence or wall located behind the front of a building or more than 30 feet from the front property line, whichever is less, may be up to eight feet in height.

A fence or wall located in front of a building or 30 feet from the front property line, whichever is less, may be up to four feet in height, unless it is within a clear vision area, sight distance easement, or otherwise restricts sight distance for vehicles in a public right-of-way or on a private access.

Fences or walls located within a clear vision area and/or easement for sight distance may be up to two and one-half feet in height as measured from the adjacent top of curb. If there is no curb, then as measured from the roadway centerline. Trees, shrubbery, berms, arbors, trellises and similar landscape features are permitted in all required yards provided that on corner lots no object or planting shall obscure vision between the vertical heights of two and one-half feet and 10 feet, per the Engineering Design and Standards Manual.

Fence height restrictions do not apply to public utility fences, "deer fences" or similar fences constructed of "wire mesh," baseball or softball backstops, or to chain link fences enclosing school and public playgrounds as long as the fences within any vision clearance area or sight distance easement are see-through and do not obstruct vision with slats or other solid objects.

Gates crossing driveways and vehicular accessways may be up to eight feet in height and shall comply with Engineering Design and Standards Manual and Clackamas Fire District requirements and may not cause backing into the roadway. Gates must be located a minimum 30 feet off the edge of the roadway or otherwise approved by the City Engineer and the Clackamas Fire District.

Walls and earthen berms along arterial or collector streets in residential districts. Prior to the issuance of a certificate of occupancy for a dwelling in a partition, subdivision, PUD or multifamily project, one of the following, or a combination thereof, is required to be installed along an arterial or collector street in a residential district.

Main Entrance Facing an Arterial or Collector Street. Dwellings with the main entrance facing an arterial or collector street must construct a three- to four-foot-tall barrier along the associated frontage consisting of:

Masonry or brick walls treated with anti-graffiti sealant; or

Decorative metal fence with masonry or brick columns; or

Solid earthen berms no greater than 25% in slope and both faces of the slope with groundcover, shrubs, and trees covering the berm.

ii.

Main Entrance Not Facing an Arterial or Collector Street. Dwellings with the main entrance not facing an arterial or collector street must construct a five- to six-foot-tall barrier along the associated frontage consisting of:

Masonry or brick walls treated with anti-graffiti sealant; or

Decorative metal fence with masonry or brick columns; or

Solid earthen berms no greater than 25% in slope and both faces of the slope with groundcover, shrubs, and trees covering the berm.

iii.

If a fence or wall is located in a utility easement, a minimum five-foot-wide landscape strip shall exist between the property line and fence planted with shrubs and groundcover, subject to the landscape plan design and construction standards of this title.

iv.

A recorded Contract, Covenants and Restrictions (CC&Rs) is required to assure ongoing maintenance.

The Planning Official may waive the arterial or collector fencing requirements if warranted by existing conditions.

Wall height within the Rock Creek Employment Subdistrict shall comply with the height limitation identified in Section 16.25.010.F.4.

Retaining Walls.

All retaining walls shall be terraced with a minimum visible distance between walls equal to the visible height of the downslope retaining wall.

Property within or adjacent an existing residence or residential district may have retaining walls up to eight feet (measured from the visible downslope face of the retaining wall). Retaining walls completely below the elevation of the right-of-way may be up to 25 feet in height. Retaining walls necessary for public or private infrastructure such as streets, drive-aisles, parking lots, stormwater detention facilities, etc., are exempt from the height limitation.

All retaining walls in and abutting single-family residences or zoning districts shall provide solid vegetative screening along the entire linear face of the lowest retaining wall if visible from the abutting property. Fences or decorative walls may exist atop retaining walls and are measured independent of the height of the retaining wall.

Retaining walls over four feet in height shall meet setback requirements in Section 15.12.100, except where a recorded slope easement exists and/or a maintenance agreement for the wall is in place. If said easement(s) exist, the one-half height distance may be exempted at the discretion of the Building Official or City Engineer. Maintenance agreements for retaining walls abutting the public right-of-way shall be the sole responsibility of the property owner.

A greenhouse or hothouse may be maintained accessory to a dwelling only if there are no sales.

The section applies to all accessory structures within the very low, low, and medium density residential zones and accessory structures on properties with a residential use with less than five units within a zoning designation not listed above. Treehouse height shall be measured from the floor level.

Accessory Structures up to 200 Square Feet:

Shall comply with the dimensional standards of the zoning designation including height, lot coverage and setbacks unless modified pursuant to subsection b;

Side and rear setbacks may be reduced to not less than three feet for the accessory structure and its projections if the height does not exceed 14 feet.

Accessory structures larger than 200 square feet:

Accessory structures require conformance with the underlying development district setbacks, lot coverage and all other applicable development standards except for building height. Accessory structures shall not exceed 50 percent of the height of the primary structure or 26 feet, whichever is higher.

Treehouses of this size shall require submittal of an arborist's report and structural engineering calculations demonstrating that the tree(s) and structure will support the load of the treehouse.

A swimming pool, hot tub, or spa may be located within a required rear yard or side yard behind the rear building line provided it is no closer than five feet to the property line.

Projections from Buildings. Building projections such as cornices, eaves, overhangs, cantilevered floors, canopies, sunshades, gutters, chimneys, flues, sills or architectural features that do not touch the ground may project into the required yards up to 24 inches.

A covered front porch that equals a minimum of 20% of the lineal frontage of the front building line may be placed in front yard of a residence provided that no part of the porch (excluding eaves) is closer than 15 feet to a front property line. An unenclosed covered patio or a covered deck enclosed only by railings may be placed in the rear yard of a residence provided that no part is closer than 10 feet to a rear property line. An uncovered deck constructed 30 inches or higher above grade may be located within the required rear yard or the required side yard behind the front building line provided that it may not be closer than three feet to a property line. An uncovered deck constructed lower than 30 inches above grade may be built up to a property line.

Athletic Court or Facility. Athletic courts or facilities, typically associated with expansive single-family residences, take many forms, including those constructed for tennis, full-court basketball, volleyball, etc. The Planning Official or designee shall evaluate athletic courts or facilities according to the following criteria:

Lighting Plan. The applicant shall submit a photometric lighting plan delineating the relationship between exterior lighting, the subject site, demonstrating compliance with Section 16.44.040.

Storm Water Management. The applicant shall be subject to the rules and requirements of Clackamas County Service District No. 1 (Water Environment Services).

Screening and Buffering. For athletic courts or facilities over 2,000 square feet in size, the applicant shall provide a minimum 10-foot-wide landscaped buffer between the athletic court or facility and abutting residential properties within 50 feet of the athletic court or facility. For all athletic courts or facilities, the applicant shall provide a landscape plan that illustrates planting materials, sizes, and overall design (which may include lawn), to include a minimum six-foot tall solid wood fence, cyclone fence with slats, or a solid vegetative screen on property lines surrounding the athletic court or facility within 50 feet of the athletic court of facility that abut residential development.

(Ord. 389 § 1(Exh. A), 2009; Ord. 398 § 1, 2010; Ord. 406 § 1, 2010; Ord. 411 § 1, 2011; Ord. 427 § 1, 2012; Ord. 433 § 1, 2013; Ord. 443 § 1, 2013; Ord. 446 § 1, 2014; Ord. 474 § 1, 2015; Ord. 501 § 1, 2016; Ord. 539 § 1, 2018; Ord. 545 § 1, 2019; Ord. 566 § 1, 2022; Ord. 582, 3/19/2024; Ord. 592, 6/3/2025)

§ 16.44.060 Affordable housing.

Purpose. The purpose of this section is to offer incentives to developers for providing housing that is affordable to the types of households and qualifying residents identified in subsection B (Eligibility for Bonus and Incentives), below. The incentives include the ability to construct up to 25% more residential dwelling units than normally allowed by the applicable Comprehensive Plan map/zoning map district, and other incentives provided by this section.

Eligibility for Bonus and Incentives. In order to be eligible for a density bonus and other incentives provided by this section, a proposed residential project shall:

Consist of five or more dwelling units;

Be designed and constructed so that at least:

Twenty percent of the total number of proposed dwelling units are for lower income households, as defined by HUD;

Ten percent of the total number of proposed dwelling units are for very low income households, as defined by HUD; or

Fifty percent of the total number of proposed dwelling units are for qualifying residents (senior citizens of any income level) as determined by HUD; and

Comply with all applicable provisions of this title.

Types of Bonuses and Incentives Allowed. A residential project that satisfies all applicable provisions of this chapter shall be entitled to the following density bonus and other incentives. If a density bonus and/or other incentives cannot be accommodated on a parcel due to strict compliance with the provisions of this Development Code, the review body is authorized to waive or modify development standards as necessary to accommodate all bonus units and other incentives to which the development is entitled. The housing developer shall show that the waiver or modification is necessary to make the housing units economically feasible.

Density Bonus. The density bonus allowed by this section is a permitted use within the following planned mixed use (PMU) districts: Mixed-Use Residential Multifamily Dwellings (MUR-M); Mixed-Use Residential Mixed-Use Buildings (MUR-X); Mixed-Use Commercial (MUC); Mixed-Use Employment (MUE); and the Mixed-Use Employment Neighborhood Commercial Subdistrict (MUE-NC). In addition, the density bonus is permitted use within the Single-Family Attached Residential District (SFA); General Commercial (GC) and Neighborhood Commercial (NC) zones; and, shall consist of either:

At least a 25% increase in the number of dwelling units normally allowed by the zoning district applicable to the parcel as of the date of the project land use permit application;

Other incentives of equivalent financial value based upon the land cost for each dwelling unit; or

Any combination of an increase in the number of dwelling units normally allowed by the zoning district and other incentives of financial value equivalent to a 25% increase in the number of dwelling units.

If a developer agrees to construct both 25% of the total units for persons and families of low income and 10% of the total units for very low income households, the developer is entitled to only one density bonus, although the City may, at its discretion, grant more than one density bonus. If a developer agrees to construct less than the percentages of low or very low income housing indicated in subsection (C)(1) above, the City may grant density bonuses or provide other incentives which vary from those prescribed in subsection (C)(1).

Other Incentives. A qualifying residential project shall be entitled to at least one of the following concessions or incentives:

A reduction in the parcel development standards of this Development Code (e.g., coverage, setback, zero lot line and/or reduced parcel sizes, architectural design requirements, public works improvements, and/or parking requirements);

Approval of a mixed-use component in conjunction with the housing project if nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and surrounding existing and planned land uses;

Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable cost reductions;

A higher density bonus consisting of up to a 35% increase in the number of dwelling units normally allowed by the zoning district applicable to the parcel or up to a 50% increase if the project site is located within one-quarter mile of a commercial center with a grocery store/drug store anchor and within one-quarter mile of a transit route; and

A waiver or reduction of planning application fees, building permit application fees, Transportation SDCs and/or Parks SDCs.

Continued Availability. The land use permit application for the residential project shall include the procedures proposed by the developer to maintain the continued affordability of the density bonus units in the following manner:

Projects with City Funding—Thirty Years. Projects receiving a direct financial contribution or other financial incentives from the City, or a density bonus and at least one other concession or incentive as provided by Section 16.45.060 above, shall maintain the availability of the lower income density bonus units for a minimum of 30 years, and shall enter into a development agreement with the City of Happy Valley stipulating said retention. Lower income density bonus units shall mean those affordable housing units for which a density bonus or other financial incentive was granted for the project; or

Projects Receiving Density Bonus Only—Ten Years. Projects that receive a density bonus as the only incentive from the City shall maintain the availability of lower income density bonus units for a minimum of 10 years.

Location of Bonus Units. The location of density bonus units within the qualifying residential project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development where feasible, shall contain on average the same number of bedrooms as the non-inclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and finish quality.

Processing of Bonus and Incentive Requests. Proposed bonus and incentive requests shall be included as part of the land use application required for the residential project by this title, including the application of all relevant criteria, particularly for road, sewer and water capacity.

Findings for Approval. In addition to the findings required for the approval of the pertinent land use applications, the approval of the bonuses and incentives by the review body shall also require the following special findings:

In the event that the City grants a density bonus, the project would not be a hazard or nuisance to the City at large or establish a use or development inconsistent with the goals and policies of the Comprehensive Plan;

In the event that the City grants a density bonus, the number of dwellings approved by the land use permit can be accommodated by existing and planned infrastructure capacities;

Adequate evidence exists to indicate that the development of the property in compliance with the permit would result in the provision of affordable housing in a manner consistent with the purpose and intent of this section;

In the event that the City does not grant at least one financial concession or incentive in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable costs or the sales price or rent for the targeted dwelling units; and

There are sufficient provisions to guarantee that the dwelling units would remain affordable in the future.

Priority Processing of Affordable Housing Projects. A residential project that satisfies all applicable provisions of this section shall be given priority over other types of projects and permits by all City departments in the processing of land use permit and building permit applications, and in inspections of the project during the construction process.

(Ord. 389 § 1(Exh. A), 2009; Ord. 501 § 1, 2016)

§ 16.44.070 Agricultural use regulations.

Under no circumstances shall any livestock animals, domestic or farm animals, poultry, or fowl be kept for commercial purposes in a residential, commercial or other nonagricultural zone. Cows, horses, sheep or goats may not be kept on lots less than 40,000 square feet. The total number of such animals (other than their young under the age of six months) allowed on a lot is limited to the square footage of the lot divided by the total minimum areas required for each animal as listed below. The raising of swine is not permitted on lots less than five acres without prior approval by the city.

	Gross Area Required
Horses and Cows
1 or 2	40,000 sq. ft.
3	60,000 sq. ft.
4	80,000 sq. ft.
5 or more	95,000 sq. ft. plus 15,000 sq. ft. for each animal over 5
Goats and sheep
per animal	10,000 sq. ft.
Llamas
1 or 2	10,000 sq. ft.
3 or more	15,000 sq. ft. plus 5,000 sq. ft. for each llama over 3

Large animal runs or barns or pens shall be located on the rear half of the property but not closer than 70 feet from the front property line or closer than 100 feet from any residence other than the residence of the owner.

Roosters, peacocks, and any other fowl known for its loud call are prohibited. Other types of fowl, as well as rabbits, may be kept, subject to one of the following options:

Hutches, coops, barns, or pens for a maximum of six rabbits or five hens shall be located a minimum of 50 feet from any dwelling other than the dwelling of the owner and behind the front building line of the dwelling.

Animals, chickens and/or fowl shall be properly caged or housed, and proper sanitation shall be maintained at all times. All animal or poultry food, except fodder, shall be stored in metal or other rodentproof containers. All animal byproducts and waste shall be kept a minimum of five feet from all lot lines. Hutches, coops, barns, and pens shall be enclosed on those sides that are not otherwise screened from adjacent lots by a sight-obscuring fence, wall, or hedge a minimum of six feet in height.

Commercial Activity in Conjunction with Agriculture. In agricultural zones, processing, selling (retail and wholesale), and/or distribution of agricultural products raised on-site are subject to the laws of the State of Oregon.

(Ord. 389 § 1(Exh. A), 2009; Ord. 501 § 1, 2016; Ord. 552 § 1, 2020)

§ 16.44.080 Special standards for neighborhood commercial uses.

Purpose and Applicability. Neighborhood commercial standards allow for small-scale commercial uses that are compatible with adjacent residential development. All neighborhood commercial uses shall comply with standards in this section, which are intended to promote land use compatibility and transition between neighborhood commercial and adjacent residential uses.

Permitted Uses. Only those neighborhood commercial uses specifically listed in Tables 16.22.040-1, 16.22.050-1 and 16.22.060-1 may be permitted.

Location. Neighborhood commercial uses are limited to lots located adjacent to the intersection of the following types of streets, as designated in the City's transportation system plan:

Major or minor arterial street and collector street or local street;

Collector street and collector street;

Collector street and local street.

Building Mass Supplemental Standard. The maximum width or length of a neighborhood commercial or mixed-use (residential and commercial) building shall not exceed 60 feet (from end-wall to end-wall).

Floor Area Supplemental Standards. Floor area is measured by totaling the interior floor area of all building stories, except crawl spaces (i.e., with less than seven and one-half feet of vertical clearance). The maximum commercial floor area shall not exceed:

Seven thousand square feet per building. For buildings located adjacent to the intersection of a major or minor arterial street and collector street.

Five thousand square feet per building. For buildings located adjacent to the intersection of a collector street and collector street.

Three thousand square feet per building. For buildings located adjacent to the intersection of a collector street and local street.

Minimum Setback.

Front: Twenty feet.

Rear: Ten feet.

Side: Ten feet.

Street side: Eight feet.

Maximum lot coverage: Seventy-five percent.

Hours of Operation. Neighborhood commercial land uses shall be limited to the following hours of operation: 6:00 a.m. to 8:00 p.m.

Figure 16.44.080-1 Neighborhood Commercial (Typical Site Layout)

(Ord. 389 § 1(Exh. A), 2009)

§ 16.44.090 Design standards for drive-up/drive-in/drive-through uses and facilities.

When drive-up or drive-through uses and facilities are allowed, they shall conform to all of the following standards, which are intended to calm traffic, and protect pedestrian comfort and safety.

The drive-up/drive-through facility shall orient to an alley, driveway, or interior parking area, and not a street (Figure 16.44.090-1);

None of the drive-up, drive-in or drive-through facilities (e.g., driveway queuing areas, windows, teller machines, service windows, kiosks, drop-boxes, or similar facilities) are located within 20 feet of a street and shall not be oriented to a street corner. Walk-up only teller machines and kiosks may be oriented to a street or placed adjacent to a street corner;

Drive-up/in queuing areas shall be designed so that vehicles do not obstruct a driveway, fire access lane, walkway, or public right-of-way; and

No more than one drive-up, drive-in, or drive-through facility shall be permitted for a distance of 400 linear feet along the same block face (same side of street).

Figure 16.44.090-1 Drive-Up and Drive-Through Facilities

(Ord. 389 § 1(Exh. A), 2009; Ord. 422 § 1, 2012)

§ 16.44.100 Special standards for solar apparatus.

The installation and use on a residential structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which residential structures are an allowed use.

The installation and use on an institutional, commercial or industrial structure of a solar photovoltaic energy system or a solar thermal energy system is an outright permitted use in any zone in which institutional, commercial or industrial structures are an allowed use.

Approval of solar photovoltaic energy systems or solar thermal energy systems require:

Building permit approval only, land use fees and development standards outside of building height do not apply.

Roof-mounted solar photovoltaic energy systems or solar thermal energy systems require conformance with peak building height, must be located no higher than 18 inches off the roof and must be mounted so that the plane of the system is parallel to the slope of the roof.

Subsection (C)(2) does not apply to structures that are:

A federally or locally designated historic building or landmark or structures located in a federally or locally designated historic district.

A conservation landmark designated by a city or county because of the historic, cultural, archaeological, architectural or similar merit of the landmark or located in an area designated as a significant scenic resource unless the material used is designated as anti-reflective or 11% or less reflective.

(Ord. 427 § 1, 2012)

§ 16.44.120 Design standards for single-family detached, townhomes, duplexes, triplexes, quadplexes, and cottage clusters.

Applicability. New construction and modifications to existing detached single-family, townhomes, duplexes, triplexes, quadplexes, and cottage clusters shall meet the requirements of this section unless exempt. The following are exempt from subsections (B)(1)—(2) of this section:

Dwelling units more than 100 feet from the public right-of-way;

Expansion of an existing residential structure that adds less than 50% of the width on the streetfacing façade;

Dwellings within a manufactured home park.

Design Standards.

Windows. A minimum of 15% of the area of all street-facing façades must include windows or entrance doors. Façades separated from the street property line by a dwelling are exempt from meeting this standard. See Figure 16.44.120-1.

Figure 16.44.120-1. Window Coverage

Unit Definition. Each dwelling must include at least eight of the following features on the most architecturally significant street-facing façade. All other street-facing façades must include windows or entrance doors for a minimum of 15% of the area of the street-facing façade, window trim (minimum three inches wide), and at least three additional features.

A roof dormer that is at least four feet wide,

A balcony that projects a minimum of one foot from the wall of the building and is enclosed by a railing or parapet,

A bay window,

An offset of the façade of at least 18 inches,

Recessed entry that is at least four feet behind the furthest forward living space on the ground floor and a minimum of five feet wide,

A covered entryway,

A porch that is a minimum four feet deep and 40 square feet in area,

Window trim (minimum three inches wide),

Windows are wood, cladded wood, or fiberglass,

A minimum of 30% of the area of the street-facing façade includes windows and/or entrance doors,

Gables,

Cupolas or towers,

Pillars or posts,

Eaves (minimum 12 inch projection),

A minimum of 50 square feet of decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, ornamentation or similar features),

Decorative cornices and roof lines (e.g., for flat roofs),

Windows in the garage doors,

A minimum 12 square foot window above the garage,

Garages are recessed a minimum of two feet behind the living space,

A third garage door that is recessed a minimum of two feet from other garage doors on site,

No garage on the façade.

Alley Access, Street Access, and Common Area Development and Design Standards. This section is not applicable to middle housing child lots.

Alley Access Development. Development with vehicle access only from a rear alley or other grouped accessways are subject to the following requirements.

Alleys and grouped access shall be created at the time of a land division, in accordance with Chapter 16.63, Land Divisions and Property Line Adjustments, and any other applicable transportation standards.

ii.

Dedication of right-of-way or easements and construction of pathways between townhome lots (e.g., between building breaks) to implement the access and circulation standards of Chapter 16.41 and the TSP.

iii.

As used here, grouped access is not intended to result in consolidated access to frontloaded garages that would not otherwise be allowed by this code.

Street Access Development. Development with access directly from a public or private street must comply with the following standards to minimize interruption of adjacent sidewalks by driveway entrances, slow traffic, improve appearance of the streets, and minimize paved surfaces for better stormwater management.

One driveway is allowed per frontage. A second driveway may be approved by a City Engineer if it is safe and allows for installation of adequate street trees along the frontage of the site.

ii.

Two adjacent properties may share one driveway. When a driveway serves more than one lot, an access and maintenance easement/agreement to benefit each lot shall be recorded prior to building permit issuance.

iii.

Residential driveway approach widths shall be limited to half the parcel frontage width, with a minimum approach width of 12 feet and a maximum approach width of 35 feet. A wider approach may be approved by the City Engineer.

iv.

Lots and parcels with more than one frontage shall access the street with the lowest street classification in the Transportation System Plan.

Driveways shall comply with the City's access spacing standards.

Common Areas. "Common areas" (e.g., landscaping in private tracts, shared driveways, private alleys, and similar uses) shall be maintained by a homeowners association or other legal entity. A homeowners association may also be responsible for exterior building maintenance. A copy of any applicable covenants, restrictions and conditions shall be recorded and provided to the City prior to building permit approval.

(Ord. 561 § 1(Exh. A), 2022; Ord. 566 § 1, 2022)

§ 16.44.130 Design standards for cottage cluster housing.

Cottage cluster development shall comply with the standards set forth below. The standards are intended to control development scale, provide for common areas within cottage cluster developments, and ensure consistency with state requirements for cottage cluster housing. If the cottage cluster has been divided by a middle housing land division (per Chapter 16.61.070(B)), the design standards in this section that are applicable to the lot or applicable on a per-lot basis, shall apply to the middle housing parent lot, not the middle housing child lots.

General Standards.

Number of Dwellings.

A cottage cluster project shall contain a minimum of four and a maximum of eight cottages oriented around a common courtyard.

ii.

All cottages must share the same common courtyard.

iii.

A cottage cluster project may not include more than one cluster on a single lot.

Setbacks.

Building Separation. Cottages shall be separated by a minimum distance of six feet. The minimum distance between all other structures, including accessory structures, shall be in accordance with building code requirements.

ii.

All other setbacks are provided in Tables 16.22.020-2, 16.22.030-2, 16.22.040-2, and 16.22.050-2 of this title.

Building Height. The maximum building height for all structures is 17 feet and one story. A variance to this standard is prohibited.

Footprint. The building footprint for each cottage shall be less than 900 square feet.

Maximum Floor Area.

Floor Area. The maximum permitted floor area of each cottage is 1,400 square feet.

ii.

Average Floor Area. The maximum average floor area permitted for a cottage cluster is 1,000 square feet per cottage. Community buildings shall be included in the average floor area calculation for a cottage cluster.

Accessory Buildings. Accessory buildings must not exceed 400 square feet in floor area.

Cottage Orientation. Cottages must be clustered around a common courtyard and must meet the following standards (see Figure 16.44.130-1 Cottage Cluster Orientation and Common Courtyard Standards):

Each cottage within a cluster must either abut the common courtyard or must be connected to it by a pedestrian path. This standard may not be adjusted.

A minimum of 50% of cottages within a cluster must be oriented to the common courtyard and must:

Have a main entrance facing the common courtyard;

ii.

Be within 10 feet from the common courtyard, measured from the façade of the cottage to the nearest edge of the common courtyard; and

iii.

Be connected to the common courtyard by a pedestrian path.

Cottages within 20 feet of a property line abutting a street may have their entrances facing the street.

Cottages not facing the common courtyard or the street must have their main entrances facing a pedestrian path that is connected to the common courtyard.

Figure 16.44.130-1. Cottage Cluster Orientation and Common Courtyard Standards

Common Courtyard Design Standards. Each cottage cluster must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards (see Figure 16.44.130-1. Cottage Cluster Orientation and Common Courtyard Standards):

The common courtyard must be a single, contiguous piece.

Cottages must abut the common courtyard on at least two sides of the courtyard.

The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

The common courtyard shall be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 50% of the total common courtyard area.

Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard shall count toward the courtyard's minimum dimension and area. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

Community Buildings. Cottage cluster projects may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, community eating areas, or picnic shelters. Community buildings must meet the following standards:

Each cottage cluster is permitted one community building.

The community building shall have a maximum floor area of 1,400 square feet. In addition, the community building shall count towards the maximum average floor area of the cottage cluster, pursuant to subsection (A)(1)(e)(ii) of his section.

A community building that meets the definition of a dwelling unit must meet the maximum 900 square foot footprint limitation that applies to cottages (pursuant to subsection (A)(1)(d) of this section) unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a primary dwelling.

Pedestrian Access.

A pedestrian path must be provided that connects the main entrance of each cottage to the following:

The common courtyard;

ii.

Shared parking areas;

iii.

Community buildings; and

iv.

Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

The pedestrian path must be hard-surfaced and a minimum of four feet wide.

Parking Design. (see Figure 16.44.130-2. Cottage Cluster Parking Design Standards).

Clustered parking. Off-street parking may be arranged in clusters, subject to the following standards:

Cottage cluster projects are permitted parking clusters of not more than eight contiguous spaces.

ii.

Parking clusters must be separated from other spaces by at least four feet of landscaping.

iii.

Clustered parking areas may be covered.

iv.

Parking areas must also meet the standards in Section 16.43.030 of this code, except where they conflict with these standards.

Parking Location and Access.

Off-street parking areas with five or more spaces shall not be located within 20 feet from any property line that abuts a street other than an alley.

ii.

No off-street parking space or vehicle maneuvering area is permitted between a property line that abuts a street (other than an alley) and the front façade of cottages located closest to that property line.

iii.

No off-street parking space is permitted within 10 feet of any other property line external to the cottage cluster, except property lines abutting an alley. Driveways and drive aisles are permitted within 10 feet of other external property lines.

iv.

Driveways must meet the access connection standards in Section 16.41.030 of this code.

Screening. Sight-obscuring landscaping, fencing, or walls at least three feet tall shall separate clustered parking areas and parking structures from common courtyards and property lines external to the cottage cluster.

Garages and Carports.

Garages and carports (whether shared or individual) must not abut more than 25% of a common courtyard's perimeter.

ii.

Individual detached garages must not exceed 400 square feet in floor area.

iii.

Garage doors for attached and detached individual garages must not exceed 20 feet in width.

Figure 16.44.130-2. Cottage Cluster Parking Design Standards

Existing Structures. On a lot or parcel to be used for a cottage cluster project, an existing single detached dwelling and accessory uses and buildings on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster project area under the conditions in subsections (a) through (e) below.

The existing dwelling may be nonconforming with respect to the requirements of Section 16.72.020 of this code.

The existing dwelling may be expanded up to a maximum height of 25 feet or a maximum building footprint of 900 square feet; however, existing dwellings that exceed these maximum height and/or footprint standards may not be expanded.

The floor area of the existing dwelling shall not count towards the maximum average floor area of a cottage cluster.

The existing dwelling shall be excluded from the calculation of orientation toward the common courtyard, per subsection (A)(2)(b) above.

The existing dwelling(s) shall count as a unit in the cottage cluster.

(Ord. 561 § 1(Exh. A), 2022; Ord. 566 § 1, 2022; Ord. 582, 3/19/2024; Ord. 592, 6/3/2025)

§ 16.44.140 Design standards for live/work units.

Live/work units provide important flexibility by combining residential and commercial uses and allowing for commercial uses on the ground floor. The following standards shall apply.

The live/work unit shall not be greater than 3,000 square feet in area.

The nonresidential area shall not be more than 50 percent of the area of each live/work unit.

The nonresidential area function shall be limited to the first or main floor only of the live/work unit.

The live/work unit shall comply with the applicable commercial design standards.

(Ord. 583, 2/20/2024)