This title and its chapters shall be known and may be cited
and referenced as the "City of Happy Valley, Oregon, Land Development
Code" ("LDC") or "this Code."
(Ord. 389 § 1(Exh. A),
2009)
The provisions of this title are severable. If any section,
sentence, clause or phrase of the title is adjudged to be invalid
by a court of competent jurisdiction, that decision shall not affect
the validity of the remaining portion of the title.
(Ord. 389 § 1(Exh. A),
2009)
A.
Area
of Applicability. This title and all amendments to it shall be applicable
to all land areas within the incorporated limits of the City as determined
by the latest official boundary survey or legal description of those
incorporated limits. This title shall not apply to land outside the
incorporated limits of the City, but shall apply to annexed lands
without regard as to whether said lands retain an interim Clackamas
County Comprehensive Plan designation/zoning district or an official
City of Happy Valley Comprehensive Plan designation/zoning district.
B.
Compliance
with the Provisions in the Land Development Code. Land and structures
may be used or developed only as this title or any amendment thereto
permits. No plat shall be recorded or no building permit shall be
issued without compliance with the provisions of this title.
C.
Obligation
by Successor. The requirements of this title apply to the owner(s)
of record, persons undertaking the development or the use of land,
and to those persons' successors in interest.
D.
Most
Restrictive Regulations Apply. Where this title imposes greater restrictions
than those imposed or required by other rules or regulations, the
most restrictive or that imposing the higher standard shall govern.
F.
Transfer
of Development Standards Prohibited. No lot area, yard, landscaping,
or open space that is required by this title for one use shall be
a required lot area, yard, landscaping, or open space for another
use, except as otherwise specifically allowed by this title.
(Ord. 389 § 1(Exh. A),
2009)
A.
Any
action initiated under this specific title shall be consistent with
the adopted Happy Valley, Oregon Comprehensive Plan, the latest adopted
edition of the Oregon Structural Specialty Code, all applicable State
and Federal laws, and other ordinances, regulations or codes as may
be appropriate and applicable, whether Federal, State or local. Any
action initiated under this specific title shall be coordinated with
all other adopted plans, laws, ordinances, regulations or codes in
order to insure orderly and uniform development.
B.
Minimum
Requirements Intended. In their interpretation and application, the
provisions of this title shall be held to be minimum requirements,
adopted for the protection of the public health, safety, and general
welfare.
C.
Violation
of Code Prohibited. No person shall erect, construct, alter, maintain
or use any building or structure or shall use, divide or transfer
any land in violation of this Code or any amendment thereto.
(Ord. 389 § 1(Exh. A),
2009; Ord. 539 § 1, 2018)
A development shall be used only for a lawful use. A lawful use of a development is one that is permitted by this Code (including nonconforming uses, subject to Chapter 16.72), and is not prohibited by law. Any use which becomes nonconforming at the adoption of this title shall not be an unlawful use, but shall be governed by the criteria and procedures as set forth in Chapter 16.72.
(Ord. 389 § 1(Exh. A),
2009)
A.
Legality of Pre-Existing Approvals. A development or uses that was approved by the City or Clackamas County prior to the effective date of the ordinance codified in this Code may continue pursuant to such approvals. A modification to an approved development or use shall comply with Chapter 16.66, Modifications to Approved Plans and Conditions of Approval.
B.
Subsequent
Development Applications. All developments and uses initiated on or
after the effective date of the ordinance codified in this Code shall
conform to the provisions of this Code.
(Ord. 389 § 1(Exh. A),
2009)
No permit shall be issued by the Building Official for the construction,
reconstruction, alteration or change of use of a structure or lot
that does not conform to the requirements of this title, unless an
exception applies.
(Ord. 389 § 1(Exh. A),
2009)
A.
Official
Action. The Planning Official or designee is vested with authority
to issue permits or grant approvals in conformance with this Code,
and shall issue no permit or grant approval for any development or
use which violates or fails to comply with conditions or standards
imposed to carry out this Code.
B.
Severability.
Any permit or approval issued or granted in conflict with the provisions
of this Code shall be void, unless it is modified to conform to the
Code. The City Manager and designees shall determine when an approval
is void and he or she may modify the approval, or refer it back to
the original decision making body for modification, to make it conform
to the Code.
C.
Notice.
The failure of any person to receive mailed notice or failure to post
a notice shall not invalidate any actions pursuant to this Code, provided
a good faith effort was made to notify all parties entitled to notice.
(Ord. 389 § 1(Exh. A),
2009)
Maintenance of Official Maps. The City of Happy Valley maintains
several official maps that are regularly updated or amended, and in
some cases, are located within ancillary documents to the City's Comprehensive
Plan. Said maps include, but are not limited to, the following:
1.
Comprehensive
Plan Map/Zoning Map;
2.
Damascus-Boring
Concept Plan Map;
3.
Pleasant
Valley Concept Plan Map;
4.
East
Happy Valley Comprehensive Plan Map;
5.
Rock
Creek Comprehensive Land Use Plan Map;
6.
Aldridge
Road Sub-Area Plan Map;
7.
Parks
Master Plan Map;
8.
Local
Wetland Inventory and Stream Assessment Maps;
9.
Transportation
System Plan Maps;
10.
Happy Valley Steep Slopes and Natural Resources Overlay Zone Map;
11.
Sunnyside Corridor Community Plan Maps;
12.
Clackamas Regional Center Area Design Plan Maps.
(Ord. 389 § 1(Exh. A),
2009)
