City of Happy Valley, OR Chapter 16.69 MISCELLANEOUS PERMITS

§ 16.69.010 Temporary use permits.

Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, temporary art and music festivals, parking lot sales, retail ware-house sales, and seasonal sales such as Christmas tree sales and vegetable stands. Mobile food/beverage units are subject to Section 16.69.030. Six types of temporary uses require permit approval:

A. Seasonal and Special Events. These types of uses occur only once in a calendar year and for a period no longer than 180 days. Using the Type I review process, the City shall approve, approve with conditions or deny a temporary use permit based on findings that all of the following criteria are satisfied:

1. The use is permitted in the underlying land use district and does not violate any conditions of approval for the property (e.g., prior development permit approval);

2. The applicant has proof of the property owner's permission to place the use on his/her property;

3. No parking will be utilized by customers and employees of the temporary use which is needed by the property owner to meet his or her minimum parking requirements;

4. The use provides adequate vision clearance, and shall not obstruct pedestrian access on public streets;

5. Ingress and egress are safe and adequate when combined with the other uses of the property;

6. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;

7. The use is adequately served by sewer or septic system and water, if applicable (the applicant shall be responsible for obtaining any related permits); and

8. An extension of 60 days may be obtained if determined appropriate by the City Administrator.

B. Short-Term Outdoor Special Events. These types of events occur for a period no longer than three days and nights. Events that occur annually within the City limits may be reviewed as a conditional use in accordance with Chapter 16.64 of this title. Other events shall be reviewed administratively. The City shall approve, approve with conditions or deny a short term outdoor special event temporary use permit based on findings that all of the following criteria are satisfied:

1. The use is held primarily outdoors and will continue for no longer than 72 consecutive hours, plus a reasonable time period for setting up before the event, and cleaning up after the event;

2. The conditional use permit application does not violate any conditions of approval for the property (e.g., prior development permit approval);

3. Adequate water and sanitary facilities are provided;

4. Adequate refuse storage and disposal facilities are provided;

5. Adequate food services are provided;

6. Adequate emergency medical facilities and communication systems are provided;

7. Adequate fire protection is provided;

8. Adequate security personnel are provided; and

9. Adequate pedestrian, bicycle and vehicle access are provided.

C. Temporary Sales Office (Non-Model Home). Using the Type I review process, the City may approve, approve with conditions or deny an application for the use of any real property within the City as a temporary sales office or offices for the purpose of facilitating the sale of real property, in any subdivision or tract of land within the City, but for no other purpose, based on the following criteria:

1. Temporary Sales Office.

a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;

b. The property to be used for a temporary sales office shall not be permanently improved for that purpose;

c. The length of time that the temporary building will be used does not exceed 12 months, and if a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit;

d. The temporary sales office is required to conform to the setbacks of the underlying development district, shall provide skirting, and shall obtain all necessary permits, including building, electrical and plumbing, as applicable; and

e. The temporary sales office is required to provide a minimum of two temporary off-street parking spaces, to be constructed of compacted gravel or similar pervious surface, or an impervious surface, not subject to stormwater management provisions for stormwater retention/detention/water quality for the period of the temporary use.

D. Temporary Building (Commercial/ Industrial). Using the Type I review process, the City may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any real commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, based on the following criteria:

1. The temporary trailer or building shall be located within the boundaries of the parcel of land on which it is located;

2. The primary use on the property to be used for a temporary trailer is already developed;

3. Ingress and egress are safe and adequate when combined with the other uses of the property;

4. There is adequate parking for the customers or users of the temporary use pursuant to applicable parking requirements;

5. The use will not result in vehicular congestion on streets;

6. The use will pose no hazard to pedestrians in the area of the use;

7. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;

8. The building complies with applicable building codes;

9. The use can be adequately served by sewer and water, if necessary. (The applicant shall be responsible for obtaining any related permits);

10. The length of time that the temporary building will be used does not exceed 12 months, and if a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit;

11. Adequate landscaping, buffering or other method to assure the structure is visually consistent with conditions surrounding the site; and

12. The temporary building is required to provide a minimum of two temporary off-street parking spaces, to be constructed of compacted gravel or similar pervious surface, or an impervious surface, not subject to stormwater management provisions for stormwater retention/detention/water quality for the period of the temporary use.

E. Temporary Building (Construction Site). Using the administrative review process, the City may approve, approve with conditions or deny an application for a temporary trailer or prefabricated building for use on any construction site within the City based on following criteria:

1. The temporary construction site building shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold;

2. The property to be used for a temporary construction site building shall not be permanently improved for that purpose;

3. The length of time that the temporary construction site building will be used does not exceed 12 months, and if a temporary building exceeds this time frame, the applicant shall be required to remove the building, or renew the temporary use permit;

4. The temporary construction site building is required to conform to the setbacks of the underlying development district; shall provide skirting; and shall obtain all necessary permits, including building, electrical and plumbing, as applicable; and

5. The temporary construction site building is required to provide a minimum of two temporary off-street parking spaces, to be constructed of compacted gravel or similar pervious surface, or an impervious surface.

F. Temporary Exterior Storage. Using the administrative review process, the Planning Official may approve, approve with conditions or deny an application for temporary exterior storage of structures, equipment or materials based on following criteria:

1. The property to be used for temporary storage shall not be permanently improved for that purpose;

2. The length of time that the site will be used for storage does not exceed six months (a single six-month extension may be granted by the Planning Official by submittal of a time extension application). If the temporary use exceeds this time frame, the applicant shall be required to remove the stored materials, or renew the temporary use permit;

3. The areas used for storage are required to conform to the setbacks of the underlying development district;

4. The areas used for storage shall be screened from view from public streets;

5. No on-site sales will be conducted;

6. Dust and erosion control measures have been taken to ensure there will be no impact to air and water quality from dust and mud on the site or on adjacent streets from vehicles entering and leaving the site. During the length of the project, the site must be enclosed or protected in a manner to prevent on-site erosion and to prevent sediment from leaving the site;

7. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner which other uses allowed outright in the district do not affect the adjoining use;

8. Temporary gravel parking lots may be constructed that are not subject to stormwater management provisions for stormwater retention/detention/water quality for the period of the temporary use. At the end of the temporary use, the gravel shall be removed and the site must be prepared and seeded with a mixture of 100% perennial rye grass to create a low maintenance vegetative groundcover. An exception to this requirement is sites that have compacted gravel or paving prior to the start of the project. In these cases, the portion of the site that has compacted gravel or paving may remain in compacted gravel or paving. All other portions of the site must be seeded as provided above.

(Ord. 389 § 1(Exh. A), 2009; Ord. 398 § 1, 2010; Ord. 443 § 1, 2013; Ord. 550 § 1, 2020; Ord. 582, 3/19/2024)

§ 16.69.020 Home occupation permits.

A. Purpose. The purpose of this section is to encourage those who are engaged in small commercial ventures which could not necessarily be sustained if it were necessary to lease commercial quarters or which, by the nature of the venture, are appropriate in scale and impact to be operated within a residence. Home occupations are encouraged for their contribution in reducing the number of vehicle trips often generated by conventional businesses. In addition, the purpose of this section is to establish approval criteria and standards to ensure that home occupations are conducted as lawful uses which are subordinate to the residential use of the property and are conducted in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents. More than one business activity constituting two or more home offices shall be allowed on one property only if the multiple home offices meet all required limitations associated with outside volunteers or employees; clients or customers per day; and, the combined floor space of the business activities does not exceed the limitation of space imposed in subsection (B)(6)(g). Each business activity shall also have separate City business license.

B. Exemptions. Exemptions from the provisions of this chapter are:

1. Short-term personal or fundraising sales (such as a garage sale or the sale of an individual personal item, fruit, drink or dessert sales by individuals, including minors, or similar sales) from a residence. The maximum duration of garage/yard sales is three consecutive days and/or 10 days total in a calendar year;

2. For-profit production of produce or other food products grown on the premises. This may include temporary or seasonal sale of produce or other food products grown on the premises;

3. Hobbies which do not result in payment to those engaged in such activity;

4. Proven nonconforming home occupations as pursuant to Chapter 16.72 (Nonconforming Uses, Structures and Lots);

5. Residential care homes that are protected by the Federal Fair Housing Act, and may have characteristics of a home occupation permit are exempt from the home occupation permit process due to State and Federal law;

6. Home offices that are undertaken only by the principal occupant(s) of a residential property that include the following characteristics:

a. No outside volunteers or employees to be engaged in the business activity other than the persons principally residing on the premises,

b. No exterior signs which identify the property as a business location,

c. No more than three clients or customers to visit the premises per day for any reason,

d. No exterior storage of materials,

e. No deliveries shall be made to the residence other than by traditional small-scale means normally found in a residential area, such as the United States Postal Service, UPS, Federal Express, messenger services, etc. There shall be no commercial vehicle deliveries during the hours of 10:00 p.m. to 7:00 a.m.,

f. No offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation,

g. No utilization of more than 50% of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes,

h. No change in the most current Oregon Residential Specialty Code occupancy classification of the dwelling unit or any portion of the dwelling unit, including the garage,

i. No home office shall require any on-or off-street parking other than that normally required for a residence. In addition, no commercial vehicles (as defined in Section 16.12.030) of any kind shall be utilized in conjunction with a home office;

j. Compliance with 16.69.020(E).

7. Licensed Daycare Providers. A licensed daycare provider must meet the definition as detailed in Section 16.12.130. Licensed daycare providers are allowed the following home occupation exceptions:

a. Home-occupation compliant signage may be placed in the front yard setback,

b. Home-occupation business hours are unlimited,

c. Home-occupation daily customer/client visits are limited to that provided by the licensed daycare providers Oregon Revised Statute license limitations, and

d. Any other exception as mandated under applicable federal or state law.

Any home office that exceeds the parameters of these provisions, as determined by the Planning Official based on answers to the home occupation permit questionnaire, site visits, or other evidence, shall be required to apply for a home occupation permit.

C. Nonconforming Uses. Ongoing home occupations may be granted nonconforming status provided that they were:

1. Permitted under County authority prior to annexation to the City and have been in continuous operation since initial approval;

2. Permitted under City authority prior to 1983 and have since been in continuous operation.

D. Governing Regulations. Nonconforming home occupations will be regulated as a nonconforming situation, pursuant to the following:

1. A nonconforming situation may continue until the use is expanded or altered so as to increase the level of noncompliance with this title;

2. The burden of proving a home occupation's nonconforming status rests with the property owner or tenant;

3. Violations. Home occupations without City or County approval which cannot prove nonconforming status shall be considered in violation of this chapter and shall cease until the appropriate approvals have been granted.

E. Prohibited. The following uses are not allowed:

1. Auto-body repair and painting and/or auto sales;

2. On-going mechanical repair conducted outside of an entirely enclosed building;

3. Junk and salvage operations;

4. Storage and/or sale of fireworks;

5. Ambulance service;

6. Animal hospital or veterinary services;

7. Any activity involving on-site retail sales is prohibited, except that the sale of items that are incidental to a permitted home occupation is allowed. For example, the sale of lesson books or sheet music from music teachers, art or craft supplies from arts or crafts instructors, computer software from computer consultants, and similar incidental items for sale by home business are allowed;

8. Marijuana production, processing, wholesaling and retailing.

9. Any activity in public or private right-of-way.

F. Home Occupations Defined. A separate home occupation permit and/or fee are required for each property on which a home occupation is undertaken. For the purposes of this section, "home" refers to the residential location, including a single-family dwelling unit, accessory dwelling unit, garage, accessory structure, multifamily unit, condominium unit, etc. In addition to the general criteria outlined in subsection E of this section, home occupations shall observe the following additional standards.

Property on which a home occupation is located may show evidence that a business is being conducted from the premises. Therefore, the following is allowed for home occupations:

1. One non-illuminated sign, not exceeding one and one-half square feet, which shall be attached to the residence or accessory structure or placed in a window;

2. No more than three outside volunteers or employees who are not a principal resident of the premises;

3. No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking (the generation of excessive traffic or monopolization of on-street parking shall be at the sole discretion of the Planning Official or designee). For properties over one acre in size, with the provision of adequately screened off-street parking, the number of daily customers may be increased to no more than 10 daily customers or clients;

4. For residential properties under two acres in size, storage of materials, goods, and equipment, including no more than two commercial vehicles associated with the home occupation and utilized for commercial purposes, shall be screened entirely from view from any adjacent public right-of-way. Storage shall not exceed 25% of the total lot area and shall not occur within the front yard setback. For residential properties over two acres in size, storage of materials, goods, and equipment, including no more than four commercial vehicles associated with the Class B home occupation and utilized for commercial purposes, shall be screened entirely from view from any adjacent public right-of-way;

5. Off-Street Parking. Two on-site parking spaces shall be provided for the home occupation in addition to those spaces already required for the dwelling. No more than two customer vehicles may visit the home occupation at any one time and these must use the legal, designated parking spaces outside. For properties over one acre in size, with the provision of adequately screened off-street parking, the number of customer vehicles may be increased to no more than five vehicles at any one time;

6. Kennels, animal boarding, and commercial animal breeding activities, though the minimum land area (either by lease or ownership) associated with the Class B home occupation that includes these uses shall equal one acre of land, and the total number of animals boarded at any one time shall not exceed 25;

7. Change of the Oregon Residential Specialty occupancy classification of the dwelling unit or any portion of the dwelling unit, including the garage. For example, in the installation of a commercial kitchen or commercial appliances.

G. Permit Procedures for Home Occupations.

1. Home Occupation Permit. A home occupation permit will be processed using the Type III-HO quasi-judicial procedure, pursuant to the requirements of Chapter 16.61 (Types of Review Procedures).

2. Conditions of Approval. The City may impose conditions of approval on a home occupation permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following:

a. Limiting the hours, days, place and manner of operation;

b. Requiring site and building design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and dust;

c. Requiring additional building setbacks, and increased lot area, depth or width;

d. Limiting the building area and outdoor storage used by the home occupation and restricting the location of the use on the site in relationship to adjoining uses;

e. Designating the size, number, location and design of vehicle access points;

f. Requiring street right-of-way to be free at all times of vehicles associated with the home occupation;

g. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses and establishing standards for the continued maintenance of these improvements;

h. Requiring storm drainage improvements, and surfacing of parking and loading areas;

i. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate the home occupation;

j. Limiting or setting standards for the location and intensity of outdoor lighting;

k. Requiring and designating the size, height and location of fences and materials used for their construction;

l. Requiring the protection and preservation of existing trees, and other vegetation, water-courses, slopes, wildlife habitat areas and drainage areas;

m. Limiting the type and number of vehicles or equipment to be parked or stored on the site;

n. Any other limitations which the review authority considers to be necessary or desirable to make the use comply with this section; and

o. Any limitations or conditions imposed by the City's service providers, including, but not limited to, Sunrise Water Authority, Clackamas Fire District #1, CCSD#1, CCSD#5, etc.

H. Revocation and Expiration of Home Occupation Permits. Grounds for Revocation. The Planning Official or designee may:

1. Revoke a home occupation approval if the conditions of approval have not been or are not being complied with and the home occupation is otherwise being conducted in a manner contrary to this chapter.

2. The Planning Official or designee shall approve the use as it exists, revoke the home occupation permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this section after reviewing a complaint. Complaints may be originated by the City of Happy Valley or the public. Complaints from the public shall clearly state the objection to the home occupation, such as:

a. Generation of excessive traffic;

b. Exclusive use of on-street parking spaces;

c. Other offensive activities not compatible with a residential neighborhood.

3. Cessation of Home Occupation Pending Review. If it is determined by the Planning Official or designee in exercise of reasonable discretion, that the home occupation in question will affect public health and safety, the use may be ordered to cease pending Planning Commission review and/or exhaustion of all appeals.

4. Waiting Period for Reapplication. When a home occupation permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a home occupation on the subject parcel will be considered.

5. Invalidation of Permit. A home occupation permit shall become invalid if the applicant moves his or her residence.

I. Business License Required. Besides meeting the requirements of this section, the business or commercial use of any home for a home office or home occupation must be supported by an active City business license. No business license will be issued for a home office or home occupation until:

1. The person wishing to engage in a home office answers the questions within the home occupation permit questionnaire and is determined to be exempt from the home occupation permit process; or

2. The applicant for a home occupation has been approved and the application certifies that the home occupation will be operated in strict compliance with the provisions of this chapter and the conditions of approval.

(Ord. 389 § 1(Exh. A), 2009; Ord. 398 § 1, 2010; Ord. 406 § 1, 2010; Ord. 411 § 1, 2011; Ord. 422 § 1, 2012; Ord. 427 § 1, 2012; Ord. 433 § 1, 2013; Ord. 501 § 1, 2016; Ord. 503 § 1, 2016; Ord. 550 § 1, 2020; Ord. 582, 3/19/2024)

§ 16.69.030 Mobile food unit sites.

A. Purpose. Mobile food units, which are defined in OAR 333-150-0000, can provide opportunities to enliven under-utilized parking lots, allow individual entrepreneurship at a small scale, and provide unique eating establishments for the public. The purpose of this section is to allow for mobile food unit sites or "cart pods" where mobile food units (carts) can be parked on a long term basis. As with temporary uses, permanent site improvements may not be required; however, the standards and permit processes of this section are intended to ensure that mobile food unit sites are conducted as lawful uses and in a manner that is not detrimental or disruptive in terms of appearance or operation to neighboring properties and residents.

B. Exemptions. The following are exempt from provisions of this section:

1. Locations where mobile food units stop for less than two hours in any 24 hour period.

2. Locations where mobile food units are stored when not in operation are exempt from the provisions of this section; however, the storage of commercial vehicles may be subject to other requirements of the LDC.

3. Mobile food units and other mobile vending units that are operated as part of an approved farmer's market.

C. Mobile Food Unit Site Standards. The following standards apply to mobile food unit sites.

1. Zoning. Mobile food unit sites are not permitted in residential zones, but are permitted, as restricted, within the commercial and industrial district use tables found within this title.

2. Accessory Items and Structures. Trash receptacles for customer use shall be maintained no more than 10 feet from the mobile food units. Portable accessory items, such as picnic tables, are permitted. With Type II approval, new accessory structures may be constructed, as follows:

a. A maximum of two restroom structures, provided that the combined square footage does not exceed 200;

b. A maximum of two storage buildings, provided that the combined square footage does not exceed 200;

c. One trash enclosure; and

d. Outdoor seating areas, which may have roofs, floors, and railings, but no walls (e.g., decks, picnic shelters), provided that the square footage does not exceed 200 square feet per mobile vending unit and that no single structure exceeds 200 square feet.

3. Signs. Signs are restricted to "A-Frame" signs only, permitted pursuant to Chapter 16.45.

4. Minimum Setbacks and Separation Distance. All mobile food units on the site shall be located a minimum of:

a. Five feet from any structure or other mobile food unit;

b. Ten feet from any front lot line; and

c. Five feet from any side or rear lot line, except if such lot line abuts a residential district the minimum setback shall be 20 feet.

5. Screening. If the mobile food unit site is located less than 20 feet from a residential zoning district, the residential property shall be screened from the mobile food unit site, which may be a portion of a property including the mobile food unit, seating, queuing, etc., abutting the residential zoning district and may not necessarily extend to the shared property line. Required screening:

a. May be provided by an existing, continuous, sight-obscuring structure, fence, or hedge;

b. If new, shall be a continuous, sight-obscuring vegetative screen; or if fencing is utilized as screening, shall be stained cedar or ornate metal. Chain-link fencing with slats shall not qualify as acceptable screening material; and

c. Shall have a minimum height of six feet.

6. Setback from Vehicular and Pedestrian Use Areas. Windows and doors used for service to customers shall be located a minimum of 10 feet from loading areas, driveways, on-site circulation drives, and parking lot aisles, and a minimum of five feet from bicycle parking spaces and walkways.

7. Obstruction of Vehicular and Pedestrian Use Areas and Landscape Areas. No mobile food unit or associated element, such as aboveground power cords, seating areas, trash receptacles, signs, and customer queuing areas, shall occupy bicycle parking spaces, loading areas, or walkways. Mobile vending units shall not occupy landscaping areas approved as part of a prior design review or other land use application. However, occupying existing on-site automobile parking spaces is permitted, provided that such spaces are not simultaneously used for parking or required to meet minimum parking requirements on the site.

8. Surfacing. All mobile food units shall be placed on an existing hard-surfaced area, and any associated parking, loading, and maneuvering areas for vehicles shall be on existing hard-surfaced areas, unless a permeable parking, loading, or maneuvering area surface was authorized as part of a previously implemented design review approval for the site.

9. Driveway Access. No new or modified driveway access is permitted.

10. Intersection Sight Distance and Roadside Clear Zones. The mobile food unit and any attachments or accessory items shall comply with the intersection sight distance and roadside clear zone standards of the City of Happy Valley Engineering Standards.

11. Lighting. Outdoor lighting shall be required per this title if not already provided by an existing use.

12. Utilities. To the extent that utilities are desired by the applicant or required by applicable regulations, mobile vending units shall have self-contained utilities, or if on-site utility connections are proposed, such utilities shall be installed underground, except where prohibited by the utility district or company. Notwithstanding this requirement:

a. If allowed by the utility district or company and any applicable Oregon Specialty Code, aboveground utility connections are permitted, when a mobile vending unit will remain on the subject property for no more than 120 days in a calendar year. For the purpose of this exception:

i. If a mobile vending unit is replaced by another, the number of days shall be calculated by adding the days spent on-site by each unit.

ii. If a mobile vending unit spends any portion of a day on the subject property, it shall count as one day.

b. If allowed by the utility district or company and the Oregon Electrical Specialty Code, aboveground power cords are permitted to connect the mobile vending unit to an approved electricity source.

c. If allowed by the utility district or company and the Oregon Plumbing Specialty Code, aboveground hoses are permitted to connect the mobile vending unit to an approved water source.

13. Sanitation Facilities. For four carts or less, portable toilets and hand-washing facilities are permitted but may not drain to the surface. For five carts or more, utilization of existing restrooms within an existing building may be utilized, or if new, permanent restrooms shall be constructed.

14. Sewage Disposal. Subsurface sewage disposal is prohibited.

15. Central Pavilions. Subject to subsection (E)(3), outdoor seating areas, which may have roofs, floors, walls, railings, etc. are permitted, provided that the combined square footage does not exceed 200 square feet per mobile vending unit and that no single structure exceeds 5,000 square feet in size.

16. Vendor Parking. For any mobile food unit site requiring a Type II Design Review approval, vendor parking shall be provided in addition to the off-street parking requirements of Section 16.43.030 (Automobile parking standards) at the rate of one parking stall per mobile food unit. Vendor parking may be satisfied by the provision of off-site, shared parking agreements.

D. Mobile Food Units. The following standards apply to each mobile food unit on the site.

1. Attachments. Attachments to the mobile vending unit, such as awnings or canopies, are permitted only if they are supported entirely by the unit and do not touch the ground. Neither the mobile food unit nor any item relating to the unit shall lean against or hang from any structure or utility pole. No structure shall be attached to the mobile food unit.

2. Accessory Storage. Except as specifically allowed by subsection C, items relating to the mobile food unit shall be stored in, on, or under the unit.

3. Interior Seating or Vending. Customer seating or vending inside the mobile food unit is prohibited.

4. Skirting. Skirting shall be placed around the perimeter of the mobile vending unit.

5. Drive-Thru Service. A mobile food unit may include drive-thru service only if drive-thru service is allowed as a primary or accessory use in the zoning district in which the subject property is located. Drive-thru service shall be subject to the related provisions of this title.

6. Other Licenses Required. Besides meeting the requirements of this section, the operator of a mobile food unit must have an active City business license and must comply with the permit requirements of Clackamas County Environmental Health Department.

E. Permit Procedures. Mobile food unit site permits will be processed as follows:

1. Type I. Up to two carts on one site with no accessory structures other than trashcans and portable accessory items, such as picnic tables may be reviewed in accordance with Section 16.61.020 Type I procedure (administrative). The Happy Valley Style design standards do not apply.

2. Type II. Up to four carts on one site and/or new accessory structures constructed in accordance with subsection (C)(2) of this section may be reviewed in accordance with Section 16.61.035 Type II-DR procedure (administrative). The Happy Valley Style design standards do not apply.

3. Five or more carts on one site and/or improvements or new accessory structures other than those permitted through Type I or Type II approval requires design review approval in accordance with Section 16.61.045 Type III-DR procedure (quasi-judicial). New structures greater than 200 square feet in size shall be subject to the Happy Valley Style Appendix "B."

F. Submittal Requirements. An application for a mobile food unit site permit shall include the following:

1. A completed application form on a form provided by the Planning Official;

2. Information sufficient to address the standards in subsection C; and

3. A site plan of the subject property drawn to scale and including:

a. The lot lines,

b. The location of existing structures,

c. The proposed boundaries of the mobile food unit site. Within the boundaries of the mobile food unit site, the location of all mobile food units, seating areas, and any accessory items or structures shall be shown,

d. The proposed distance between the mobile vending unit site and adjacent lot lines, as well as the proposed separation distance between units and between units and other on-site structures,

e. The type and location of any proposed on-site utility connections for mobile food units,

f. The location of existing loading areas, driveways, on-site circulation drives, parking lot aisles, bicycle and automobile parking spaces, and walkways,

g. The orientation of service windows and doors on the mobile food units and location of queuing areas,

h. The location of existing landscaping, and

i. The dimensions, height, and location of proposed A-Frame signs.

G. Conditions of Approval. The approval body may impose conditions upon the approval of a mobile food unit site permit to ensure compliance with the requirements of this chapter. These conditions may include, but are not limited to, the following:

1. Further limiting the hours, days, place and manner of operation;

2. Requiring site and building design features which minimize environmental impacts such as noise, glare, and odor;

3. Requiring additional building setbacks;

4. Further limiting the building area and outdoor storage used by the mobile food unit site and restricting the location of the use on the site in relationship to adjoining uses;

5. Designating the size, number, location and design of vehicle access points;

6. Requiring landscaping, buffering and/or screening, of the mobile food unit site from adjoining uses and establishing standards for the continued maintenance of these improvements;

7. Requiring storm drainage improvements, and surfacing of parking and loading areas;

8. Limiting or setting standards for the location and intensity of outdoor lighting;

9. Requiring and designating the size, height and location of fences and materials used for their construction;

10. Requiring the protection and preservation of existing trees, and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas;

11. Limiting the type and number of vehicles or equipment to be parked or stored on the site;

12. Any other limitations which the staff considers to be necessary or desirable to make the use comply with this section; and

13. Any limitations or conditions imposed by the City's service providers, including but not limited to Sunrise Water Authority, Clackamas River Water, Clackamas Fire District #1, CCSD#1, CCSD#5, etc.

H. Approval Period and Time Extension. Unless listed as a permitted use in the underlying zone, a mobile food unit site approval is valid for four years from the date of the final written decision. If the City's final written decision is appealed, the approval period shall commence on the date of the final appellate decision. During this four-year period, the approval shall be implemented, or the approval will become void. "Implemented" means all necessary development permits shall be obtained and maintained for the approved development. At the end of any four-year period, the applicant may apply for another four-year permit by filing a new, Type II application.

I. Grounds for Revocation. The Planning Official or designee may:

1. Revoke a mobile food unit site permit approval if the conditions of approval have not been or are not being complied with and the mobile food unit site is otherwise being conducted in a manner contrary to this chapter.

2. The Planning Official or designee shall approve the use as it exists, revoke the mobile food unit site permit, or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this section after reviewing a complaint. Complaints may be originated by the City of Happy Valley or the public. Complaints from the public shall clearly state the objection to the mobile food unit site, such as:

a. Generation of excessive traffic;

b. Generation of excessive noise or litter;

c. Other offensive activities not compatible with the surrounding area.

3. Waiting Period for Reapplication. When a mobile food unit site permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a mobile food unit site on the subject parcel will be considered.

(Ord. 443 § 1, 2013; Ord. 474 § 1, 2015; Ord. 501 § 1, 2016; Ord. 592, 6/3/2025)