Type I Procedure (Administrative). A Type I decision is made by the Planning Official or designee, without public notice and without a public hearing. The Type I procedure is used when there are clear and objective approval criteria and applying City standards and criteria does not require the use of discretion.

Type II Procedure (Administrative). A Type II decision is made by the Planning Official or person designated by the Planning Official following public notice. Appeal of a Type II decision is heard by the Hearings Officer.

Type II-DR Procedure (Administrative). A Type II-DR decision is made by the Planning Official or person designated by the Planning Official following public notice. Appeal of a Type II-DR decision is heard by the Hearings Officer (with assistance from contract architect).

Type III-PC Procedure (Quasi-Judicial). A Type III-PC decision is made by the Planning Commission, Design Review Board, or Hearings Officer at a public hearing, with appeals reviewed by the City Council. Certain types of Planning Commission Type III decisions (see Table 16.61.010-1) are a recommendation to the City Council.

Type III-PC/CC Procedure (Quasi-Judicial). A Type III-PC/CC decision (e.g., Land Use/Comprehensive Plan Map Amendments under the City's "one-map" system 20 acres or above) is considered initially by the Planning Commission which makes a recommendation to the City Council.

Type III-DRB and Type III-HO Procedures (Quasi-Judicial). A Type III-DRB decision is made by the Design Review Board after a public hearing. A Type III-HO decision is made by the Hearings Officer. Appeal of a Type III-DRB or Type III-HO decision is heard by the City Council.

Type IV Procedure (Legislative). Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy initiated by the City (e.g., adoption of Comprehensive Plan amendments, adoption of ancillary documents to the Comprehensive Plan, land use regulations, government initiated changes to the Comprehensive Plan map/land use district map, etc.). Except for an expedited annexation, a Type IV decision is considered initially by the Planning Commission which makes a recommendation to the City Council. The final decision is made by the City Council.

Conditions shall be fulfilled within the time limits set forth in the approval.

The review authority may impose such conditions as it deems necessary to ensure compliance with the Comprehensive Plan, Land Development Code and other applicable review criteria including conditions necessary to insure the construction of transportation facilities described in the transportation system plan.

A request for modifications of conditions may, at the City's discretion, be processed as a new land use action.

The City may require a guarantee or agreement, or both, between the City and the owner, and any contract purchasers.

The City may refuse to grant approval for a development on land if a prior permit of any kind on the same land has not been complied with.

Unless otherwise noted in the conditions of approval, the applicant or its successors and assigns shall bear the entire expense of compliance with the conditions imposed.

The City may delay surface work (except for surveying and staking) on land if the City finds a danger of uncontrollable erosion exists, in the City's opinion, that cannot be adequately controlled by present erosion control methods. No surface work other than surveying and staking on land having slopes of more than 15% shall be permitted during the months of November through April, inclusive.

Application Forms. Type I applications shall be made on forms provided by the Planning Official or designee.

Application Requirements. Type I applications shall:

Application Forms. Type II applications shall be made on forms provided by the Planning Official or designee.

Submittal Information. The application shall:

Before making a Type II Administrative Decision, the Planning Official or designee shall mail notice to:

The purpose of the notice is to give nearby property owners and other interested people the opportunity to submit written comments about the application before the decision is made.

Notice of a pending Type II administrative decision shall:

A notice of decision shall be sent by mail to:

The Type II notice of decision shall contain:

Posted Notice. In addition to any other notice, the applicant shall post the property subject to the application with at least one sign for every 300 feet of the exterior frontage. Such sign shall remain continuously posted for at least 14 days prior to the end of the public written comment period. A statement of posting shall be submitted to the City recorder prior to the final decision. Failure to post the sign may result in invalidating the final decision.

Application Forms. Type III applications shall be made on forms provided by the Planning Official or designee; if a Type II application is referred to a Type III hearing, either voluntarily by the applicant or staff, or upon appeal, no new application is required.

Submittal Information. When a Type III application is required, it shall:

Include a Title or Trio for each property associated with the application.

Mailed Notice. The City shall mail notice of a Type III hearing to the record owner of real property as shown in the records of the Clackamas County Assessor's Office. Notice of a Type III hearing shall be given by the Planning Official or designee in the following manner:

Posted Notice. In addition to any other notice, the applicant shall post the property subject to the application with at least one sign for every 300 feet of exterior frontage. The sign shall be purchased from the City. Such sign shall remain continuously posted from at least 14 days prior to the end of the public written comment period. A statement of posting shall be submitted to the Planning Official or designee prior to the public hearing.

Content of Notice. Notice of a Type III hearing to be mailed and published shall contain the following information:

At the commencement of the hearing, the review body shall state:

If the review body grants a continuance, the hearing shall be continued to a date, time, and place at least seven days after the date of the prior hearing. An opportunity shall be provided at the subsequent hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven days, so that they can submit additional written evidence or testimony in response to the new written evidence.

If the review body leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven days after the hearing. Any participant may ask the City in writing for an opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is filed, the review body shall reopen the record.

Participants in a Type III hearing are entitled to an impartial review and decision.

Ex Parte Communications.

Presenting and Receiving Evidence.

Basis for Decision. Approval or denial of an appeal of a Type II administrative decision or of a Type III application shall be based on standards and criteria in this Development Code. The standards and criteria shall relate approval or denial of a discretionary development permit application to the development regulations and, when appropriate, to the Comprehensive Plan for the area in which the development would occur and to the development regulations and Comprehensive Plan for the City as a whole.

Findings and Conclusions. Approval or denial shall be based upon the criteria and standards considered relevant to the decision. The written decision shall explain the relevant criteria and standards, state the facts relied upon in rendering the decision, and justify the decision according to the criteria, standards, and facts.

Form of Decision. The review body shall issue a final decision containing the findings and conclusions stated in subsection (F)(2). The decision shall either approve, approve with conditions or deny the application. The review body may also issue appropriate intermediate rulings when more than one permit or decision is required.

Notice of Decision. Written notice of a Type III application decision shall be mailed to the applicant and to all participants of record. Failure of a person to receive mailed notice shall not invalidate the decision provided a good faith attempt was made to mail the notice.

The decision is final for purposes of appeal on the date it is mailed by the City. The decision is effective on the day after the appeal period expires. If an appeal is filed, the decision becomes effective on the day after the appeal is decided by the City Council.

Application Forms. Type IV applications shall be made on forms provided by the Planning Official or designee.

Submittal Information. The application shall contain:

Required Hearings. A minimum of two hearings, one before the Planning Commission and one before the City Council, are required for all Type IV applications, unless otherwise noted.

Notification Requirements. Notice of public hearings for the request shall be given by the Planning Official or designee in the following manner:

Content of Notices. The mailed and published notices shall include the following information:

Failure to Receive Notice. The failure of any person to receive notice shall not invalidate the action, providing:

Unless otherwise provided in the rules of procedure adopted by the City Council:

Unless otherwise provided in the rules of procedures adopted by the Council, the presiding officer of the Planning Commission, Design Review Board and of the Council shall conduct the hearing as follows:

Approval of the request is consistent with the Statewide planning goals;

Approval of the request is consistent with the Comprehensive Plan and any pertinent ancillary documents or plans adopted by the City; and

The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property.

The Planning Commission shall:

Any member of the Planning Commission who votes in opposition to the Planning Commission's majority recommendation may file a written statement of opposition with the Planning Official or designee before the Council public hearing on the proposal. The Planning Official or designee shall send a copy to each Council member and place a copy in the record;

If the Planning Commission fails to adopt a recommendation to approve, approve with modifications, approve with conditions, deny the proposed change, or adopt an alternative proposal within 60 days of its first public hearing on the proposed change, the Planning Official or designee shall:

The City Council shall:

A vote by a majority of the qualified voting members of the Planning Commission present is required for a recommendation for approval, approval with modifications, approval with conditions, denial or adoption of an alternative.

A vote by a majority of the qualified members of the City Council present is required to decide any motion made on the proposal.

A verbatim record of the proceeding shall be made by stenographic, mechanical, or electronic means. It is not necessary to transcribe an electronic record. The minutes and other evidence presented as a part of the hearing shall be part of the record.

All exhibits received and displayed shall be marked to provide identification and shall be part of the record.

The official record shall include:

Who May Appeal. The following people have legal standing to appeal a Type II decision:

Appeal Filing Procedure. A person may appeal a Type II decision by filing a notice of appeal according to the following procedures:

Scope of Appeal. The appeal is limited to the record that was before the Planning Official.

Appeal Procedures. Appeal of a Type II decision shall be heard before the City Council.

Who May Appeal. The following people have legal standing to appeal a Type III decision:

Appeal Filing Procedure. A person may appeal a Type III decision by filing a notice of appeal according to the following procedures;

Scope of Appeal. The appeal is not limited to the record ("de novo") that was before the prior hearings body. The City Council shall allow additional evidence, testimony or argument concerning any relevant standard, criterion, condition, or issue.

Appeal Procedures. Type III appeals shall be heard by the City Council.

Further Appeal of the City Council's Decision. The decision of the City Council is final and effective on the date it is mailed. The City Council's decision may be appealed as provided by law.

Deferral of the Expiration Period Due to Appeals. If a permit decision is appealed beyond the jurisdiction of the City, the expiration period shall not begin until review before the land use board of appeals and the appellate courts has been completed, including any remand proceedings before the City. The expiration period provided for in this section will begin to run on the date of final disposition of the case (the date when an appeal may no longer be filed).

Participants. When a pre-application conference is required, the applicant shall meet with the Planning Official or his/her designee(s) and other parties as appropriate. If the applicant is not the property owner of record per the Clackamas County Assessor's office, the applicant must submit proof of property owner consent. A pre-application conference shall become invalid one year after the meeting date. A new pre-application conference is required if the previous pre-application conference is invalid, unless waived by the Planning Official.

Submittal Requirements. At the time of the pre-application conference, the developer applicant shall submit sketches, drawings, plans and descriptions as may be necessary to convey the following information to staff. This information shall be presented informally and shall not be used for the purposes of making any decisions or obtaining any commitment from the City, or the applicant.

Information Provided. Based on the information provided by the applicant, the Planning Official or designee at the pre-application conference shall:

Disclaimer. Failure of the Planning Official or designee to provide any of the information required by this subsection C shall not constitute a waiver of any of the standards, criteria or requirements for the application.

Changes in the Law. Due to possible changes in Federal, State, regional, and local law, the applicant is responsible for ensuring that the application complies with all applicable laws on the day the application is deemed complete.

Initiation of Applications.

Consolidation of Proceedings. When an applicant applies for more than one type of land use or development permit (e.g., Type II and III) for the same one or more parcels of land, the proceedings may be consolidated for review and decision at the discretion of the City.

Check for acceptance and completeness. In reviewing an application for completeness, the following procedure shall be used:

Changes or Additions to the Application During the Review Period. Once an application is deemed complete:

Prepare application forms based on the criteria and standards in applicable state law, the City's Comprehensive Plan, and implementing ordinance provisions;

Accept all development applications that comply with Section 16.61.060;

Prepare a staff report that summarizes the application(s) and applicable decision criteria, and provides findings of conformance and/or nonconformance with the criteria. The staff report may also provide a recommended decision of: approval, denial, or approval with specific conditions that ensure conformance with the approval criteria;

Prepare a notice of the proposed decision:

Administer the hearings process;

File notice of the final decision in the City's records and mail a copy of the notice of the final decision to the applicant, all persons who provided comments or testimony, persons who requested copies of the notice; and any other persons entitled to notice by law;

Maintain and preserve the file for each application for the time period required by law. The file shall include, as applicable, a list of persons required to be given notice and a copy of the notice given; the affidavits of notice, the application and all supporting information; the staff report; the final decision including the findings, conclusions and conditions, if any; all correspondence; minutes of any meeting at which the application was considered; and any other exhibit, information or documentation which was considered by the decision-maker(s) on the application; and

Administer the appeals and review process.

The purpose of an amended decision process is to allow the Planning Official or designee to correct typographical errors, rectify inadvertent omissions and/or make other minor changes that do not materially alter the decision.

The Planning Official or designee may issue an amended decision after the notice of final decision has been issued but before the appeal period has expired. If such a decision is amended, the decision shall be issued within 14 business days after the original decision would have become final, but in no event beyond the 120 day period required by state law. A new 10 day appeal period shall begin on the day the amended decision is issued.

Notice of an amended decision shall be given using the same mailing and distribution list as for the original decision notice.

Modifications to approved plans or conditions of approval requested by the applicant shall follow the procedures in Chapter 16.66. All other changes to decisions that are not modifications under Chapter 16.66 follow the appeal process.

Purpose. The ability to reconsider publicly a land use or limited land use approval provides an opportunity to determine if the use or development is in compliance with this chapter. It also allows for clarification of prior land use approvals. As part of this reconsideration, the ability to add new conditions or revoke the approval provides a strong enforcement mechanism and/or an opportunity to improve the terms of the development.

Situations When Permit Approvals May Be Reconsidered. All quasi-judicial land use and limited land use approvals and master plans, except plan amendments and zone changes, and those uses that become conditional uses or nonconforming uses due to a change of zoning regulations, mapping or annexation, may be reconsidered upon a request by the City Manager to the City Council. A decision may be reconsidered by the City Council if there is evidence of any of the following:

Initiating the Reconsideration. The City Manager and designee may initiate a reconsideration if there is substantial evidence that one of the situations described applies to the use or development. The evidence relied on shall be made part of the record. The reconsideration may be initiated any time after 30 days have passed from the first notice of violation pursuant to subparagraphs (a), (b) and (c) in the preceding paragraph.

Procedure for Reconsideration by Review Authority.

Possible Actions at the Reconsideration Hearing. Depending on the situation, the review authority may take any of the actions described below. The review authority may not approve the new use or one more intense than originally approved unless the possibility of this change has been stated in the public notice:

The review authority may find that the use and its activities, including its intensity, are consistent with what was on the site at the time it became a conditional or nonconforming use. In this case, the use may continue.

The review authority may find that the use and its activities are substantially different from what was on the site at the time it became a conditional use or nonconforming use and that the differences do not comply with the current approval criteria for the site. In this case, the review authority may apply conditions or restrictions or require an application for a development permit to ensure that the differences comply with the approval criteria.

Incorporating Prior Conditions of Land Use Actions. Over time, there are instances when uses or development previously approved with conditions are subject to new zoning regulations. This may result from a change of the content of zoning regulations or from legislative zone changes including annexation rezonings. This subsection addresses situations where a use or development was approved with conditions as a part of a land use or limited land use review under zoning regulations that no longer apply to the site. The regulations stated below apply to all prior conditions of approval unless the conditions of approval or the ordinance adopting the conditions specifically refer to the situations outlined below and provide for the continuance of the conditions. In that instance, the conditions of approval will continue to apply.

Zone Changes. If a site is subject to conditions as the result of a zone change, the conditions continue to apply if the site is rezoned to a comparable zone as part of an annexation rezoning or as part of a legislative remapping.

Conditional Uses.

Variances. If the variance was to a standard or regulation which is now allowed, and the development on the site conforms with the current regulations, then the prior variance conditions of approval no longer apply.

Other Land Use Actions. If the use or development was approved with conditions under a review which is no longer in effect on the site, the conditions continue to apply.

Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned development instead of the regular procedure type assigned to it, must request the use of the ELD in writing at the time the application is filed, or the right to use it is waived.

Review Procedure and Approval Criteria. All applications for expedited land divisions shall comply with ORS 197.360 through 197.380, and the Happy Valley Comprehensive Plan, zoning designation, and submittal requirements in Section 16.61.030(B)(2). A pre-application conference is required in accordance with Section 16.61.060 prior to submittal of an application.

Appeal Procedure. An appeal of an ELD shall follow the procedures described in subsection (C)(9) through (C)(11) of this section. Where the City has not otherwise appointed a hearings officer (referee) for such appeals, and the City Attorney is a contractor (not a City employee), the City Attorney shall serve as the referee for ELD appeals.

Submittal. Applicants may not submit an application for a MHLD if permits for middle housing have been submitted to the Building Division and have not been issued. New middle housing permits may not be submitted for sites with an active MHLD review until the final plat is recorded. A pre-application conference is required in accordance with Section 16.61.060 prior to submittal of an application.

Approval Criteria. The applicant for a MHLD shall demonstrate that the application meets of the following criteria:

Preliminary Plat Submittal. In addition to the items listed in Sections 16.63.060 and 16.61.030(B)(2), an application for a MHLD shall include the following:

Preliminary Plat Conditions of Approval.

Completeness Review.

Notice of Application.

There shall be a minimum 14 day period to allow for submission of written comments prior to the Planning Official's decision.

There shall be no public hearing on the application.

The Planning Official shall make a decision on the application within 63 days of receiving a completed application.

The Planning Official's decision shall be based on applicable elements of the Happy Valley Municipal Code and Comprehensive Plan. An approval may include conditions to ensure that the application meets applicable land use regulations.

Notice of the decision shall be provided to the applicant and to those who received notice under subsection (C)(2) within 63 days of the date of a completed application. The notice of decision shall include:

Failure to approve or deny application within specified time.

A decision may be appealed within 14 days of the mailing of the decision notice by the applicant or a person or organization who file written comments within the time period described in subsection (C)(3) of this section. The appeal must include the appeal application and a three hundred dollar ($300.00) deposit for costs.

An appeal shall be based solely on one or more of the allegations:

The City shall appoint a referee to decide the appeal decision and the appointed referee shall comply with ORS 197.375(3) through (6) when issuing a decision. The referee may not be a City employee or official.

Expedited Land Division (ELD)—Final Plan Review Criteria. Approval of a final plat for an ELD shall be consistent with the review criteria for Land Divisions and Property Line Adjustments (Section 16.63.080).

Middle Housing Land Division (MHLD)—Final Plan Review Criteria. Approval of a final plat for a MHLD will be granted if the review body finds the applicant has met the following criteria:

Final Plat Submittal. An application for an ELD or MHLD final plat shall include the items listed in Section 16.63.080.

A change in zoning or a plan amendment designation;

Any proposed development or land use action that a road authority states may have operational or safety concerns along its facility(ies);

An increase in site traffic volume generation. Increase in site traffic volume generation shall be subject to the City's transportation impact study guidelines;

An increase in peak hour volume of a particular movement to and from the State highway by 20% or more;

An increase in use of adjacent streets by vehicles exceeding the 20,000 pound gross vehicle weights by 10 vehicles or more per day;

The location of the access driveway does not meet minimum sight distance requirements, or is located where vehicles entering or leaving the property are restricted, or such vehicles queue or hesitate on the State highway, creating a safety hazard; and

A change in internal traffic patterns that may cause safety problems, such as back up onto a street or greater potential for traffic accidents.

Type I land use review/minor design review is conducted by the Planning Official or designee without a public hearing. See Chapter 16.61 for review procedure. It applies to changes in land use and developments that do not require a conditional use permit or Type II/Type III minor/major site design review approval. Type I land use review/minor design review is designed to ensure compliance with clear and objective land use and development standards of the land use district, such as lot area, building setbacks and orientation, lot coverage, maximum building height, design standards and other objective provisions of Article 16.2. The Type I land use review/minor design review is accommodated by the Planning Official or designee's review of building permit and site plan materials.

As specified in Table 16.62.020-1, minor design review is conducted by either the Planning Official or designee as either a Type I or a Type II decision or as a Type III decision by the Hearings Officer in a public hearing (Type III-HO). Architectural review comments are provided by a contracted, licensed, professional architect. See Chapter 16.61 for review procedure. A Type III-HO review in particular is intended for moderately sized, more complex developments that require more detailed review of the proposed design and the exercise of both objective and subjective decision making in the design review process. When a land use application is received, the Planning Official shall determine the appropriate design review process.

Major design review is conducted by the Design Review Board (Type III-DRB) at a public hearing. Major design review is intended for larger, significantly more complex developments that require more detailed review of the proposed design and the exercise of both objective and subjective decision making in the design review process as specified in Table 16.62.020-1.

Regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing and similar maintenance and repair shall be exempt from review.

A building expansion that is solely designed and constructed to:

A phasing plan shall be submitted with a design review and/or subdivision application.

A decision to approve the application shall include a phasing schedule for developing the site in phases, but in no case shall the total time period for all phases be greater than seven years from the date of approval without reapplying for design review.

An application for phased development must satisfy all of the following criteria:

Submittal requirements for minor and major design review:

Electronic copies of all documents formatted to be able to be printed at "full size" (24 by 36 inches) and "one-half size" (11 by 17 inches) and maintain a standard engineering or architectural scale at printed size. Larger-sized copies are allowed at the discretion of the City;

Drawings shall be at a scale sufficiently large enough to enable all features of the design to be clearly discerned;

All plans should have a north arrow, title, scale and date of plan.

Assessor's tax map and tax lot number;

Boundary dimensions and area of the site;

Location of all existing structures, including their distances from the property line;

The location and names of all existing streets within or on the boundary of the development;

Location and species of trees greater than six inches in diameter when measured four and one-half feet above the natural grade and an indication of which trees are to be removed;

On sites that contain slopes greater than 15%, potential geologic hazards or unique natural features including environmental zones or overlays that may affect the proposed development, along with contours mapped at five-foot intervals;

Natural drainageways and other significant natural features such as wetlands, riparian corridors, and protected water features;

All buildings, roads, retaining walls, curb cuts, and other manmade features;

Topographical survey to include structures and natural features (wetlands, riparian corridors and their buffers) on adjoining property within 200 feet of the site; and

A survey of the subject property by a licensed land surveyor clearly delineating property boundaries shall be provided and shall be accurate as to current state of property.

Area of the site covered by the structures described in this subsection and their percentage of the site;

All external dimensions of proposed buildings and structures;

Parking and circulation areas including their dimensions;

Service areas for such uses as the loading and delivery of goods;

Locations, purpose, and dimensions of easements;

Pedestrian circulation;

The location of mechanical equipment, garbage disposal areas, utility appurtenance, and similar structures;

Exterior lighting, including the type and intensity, are to be illustrated;

Provisions for handicapped persons;

Other site elements, which will assist in the evaluation of site development;

The location and names of all existing streets within or on the boundary.

Landscape plans shall be prepared by a licensed landscape architect;

Locations of buildings and structures, including pathways, driveways and parking areas;

Location of areas to be landscaped;

Private and shared outdoor recreation areas;

List of plant materials, including genus, species, common name, sizing, quantity and spacing;

Pertinent landscape features including walls, retaining walls, berms, fences and fountains;

A note on the plan indicating that an irrigation system will be installed to maintain the landscape materials and the method of irrigation;

The size, species, and locations of plant materials to be retained or placed on the site;

The locations and design details of walkways, plazas, courtyards, and similar seating areas including related street furniture and permanent outdoor equipment including sculpture;

The location and design details of proposed fencing, retaining walls, and trash collection areas; and

A proposed plan for the maintenance of the landscape plan including the replacement of plants as may be needed to preserve the visual integrity of the site.

Photographs depicting the site and its relationship to adjoining sites;

Current aerial photos accurately depicting existing conditions.

Illustrate the type of exterior wall light fixtures including the lamp types with manufacturer's specification sheet and the levels of illumination that they provide;

Location and type of street and parking lot light fixtures including the lamp types along with manufacturers specification sheet and the levels of illumination that they provide;

A comprehensive graphic plan showing the location, size, material, and method of illumination of all monument signs. Individual signs shall go through the sign permit process outlined in Chapter 16.45 of this title; and

The location, type, and intensity and manufacturer's specification sheet of light proposed to illuminate outdoor areas.

The City may require the following in addition to the materials cited in Chapter 16.66. This determination will be made as part of the pre-application conference process.

Additional information that may be required includes, but is not limited to:

Other information as requested by the Planning Official or designee.

Applicability. The following criteria apply to design review projects except for single-family detached, single-family attached (townhome), duplex, triplex, quadplex, and cottage cluster residential development.

Relationship to Other Standards. The criteria of this section apply in addition to other standards of this title. Where requirements conflict with standards in other sections of this title, the standards of this section shall govern; except that Happy Valley Style Design Review standards in Chapter 16.46 shall supersede, and where applicable, the multifamily standards in Section 16.44.010 shall supersede.

Criteria.

A public improvement plan or building permit application for the project has not been submitted within two years of approval; or

Construction on the site is in violation of the approved plan.

A phasing plan shall be submitted with a design review and/or subdivision application.

A decision to approve the application shall include a phasing schedule for developing the site in phases, but in no case shall the total time period for all phases be greater than seven years from the date of approval without reapplying for design review.

An application for phased development must satisfy all of the following criteria:

Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year,

Partitions are the creation of three or fewer lots within one calendar year,

Lot line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots);

The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

The final plat must include all conditions of approval of the preliminary plat.

No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any subdivision until the final plat of the subdivision has been acknowledged and recorded with the Clackamas County Clerk's office.

No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any subdivision by reference to or exhibition or other use of a plat of such subdivision before the final plat for such subdivision has been so recorded.

A person may offer or negotiate to sell any parcel in a partition prior to approval of the tentative plan for the partition, but no person may dispose of, transfer, sell, or agree to sell any parcel in a partition prior to such approval.

All planned unit developments (PUDs), subdivisions, master plans and partitions which are developed pursuant to this Development Code must also be in conformance with the Happy Valley Comprehensive Plan and this title.

Building permits that are requested for lots which are not in conformance to this title shall not be issued unless the lot is a pre-existing lot of record prior to the enactment of this title.

All subdivisions, master plans and partitions using subsurface sewerage disposal methods shall be developed pursuant to the appropriate State, County and City regulations.

Any parcel or tract to be developed using the facilities of a community sewerage agency shall be developed pursuant to the appropriate City and agency regulations.

Potential future lot division(s), consistent with the density and lot size standards of Article 16.2;

Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way;

A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the City or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.

Development may be clustered on site in order to avoid constrained or partially constrained land pursuant to the PUD process. The minimum and maximum number of dwelling units permitted on a site is limited by the number of units allowed by the applicable zoning district(s) and the amount of buildable land. The density of a site is determined by adding the number of units allowed on constrained and unconstrained portions of the site. Constrained land includes any portion of the site with one or more of the following characteristics:

No density is allowed within constrained land except for the reduced rate within the Steep Slopes Development Overlay Zone and the Natural Resources Overlay Zone per LDC Section 16.32.090 and/or Section 16.34.050. Land constrained by both overlays shall use the calculation resulting in the lowest number of units. There is no minimum density requirement for constrained or partially constrained lands. The density within each overlay may be transferred to portions of the site outside of the Natural Resources Overlay Zone or Steep Slopes Development Overlay Zone through the PUD or Design Review process. The density transferred to the unconstrained portions of the site shall not exceed 175 percent of the density permitted by the underlying zoning district. When a development district allows for different densities based on use, the density calculations shall be calculated based on the proportion of those uses which are represented within that development district in the project area. Resulting density calculations shall be rounded down to the nearest whole dwelling unit.

In the case of a partition, where the City is requiring the dedication of public right-of-way along an existing roadway, the dedicated public right-of-way may be included in the calculation for the purposes of calculating density or satisfying minimum lot size of the adjacent property.

Different exterior cladding materials, a different combination of materials, or significantly different dimensions, spacing, or arrangement of the same materials.

Different offsets, recesses, or projections; or the building elevations break in different places.

Different roof forms (e.g., gable versus gambrel or hip), different orientation (e.g., front-facing versus side-facing gable), different roof projections (e.g., with and without dormer or shed, or different type of dormer or shed), or different roof pitch by more than two feet of vertical rise to 12 feet of horizontal run.

Different configuration or detailing of the front porch or covered entrance.

Different placement, shape, or orientation of windows or different placement of doors.

Different number of building stories.

Different garage orientation (e.g., front, side, rear).

The City may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be more than seven years without reapplying for preliminary plat approval.

The criteria for approving a phased land division proposal are:

Partitions.

Subdivisions-Document Requirements. For all subdivisions (four or more lots), the application shall contain all of the information required for a Type II procedure under Section 16.61.030. In addition, electronic copies of all documents formatted to be able to be printed at "full size" (24 by 36 inches) and "one-half size" (11 by 17 inches) and maintain a standard engineering scale at printed size. The total information packet shall include the information in subsections a through h, below:

General Information.

Site Analysis.

Proposed Improvements.

The proposed preliminary plat complies with the applicable Development Code sections and all other applicable ordinances and regulations. At a minimum, the provisions of this article, and the applicable chapters and sections of Article 16.2 (Land Use Districts), Article 16.3 (Specific Area Plan Districts and Overlay Zones), and Article 16.4 (Community Design Standards) shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Article 16.7;

The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat;

All proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat;

Evidence that any required State and Federal permits have been obtained, or shall be obtained before approval of the final plat;

Evidence that improvements or conditions required by the City, road authority, Clackamas County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and

If any part of the site is located within a specific area plan district, overlay zone, or previously approved master planned development, it shall conform to the applicable regulations and/or conditions.

All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use district (Article 16.2) and Section 16.50.030, Transportation standards, with the exception of lots created specifically for the purposes of fee acquisition in conjunction with either public or private utility projects, which may be any size.

Setbacks shall be as required by the applicable land use district (Article 16.2).

Each lot shall conform to the standards of Chapter 16.41, Access and Circulation.

Landscape or other screening may be required to maintain privacy for abutting uses. See Article 16.2, Land Use Districts, and Chapter 16.42, Landscaping.

In conformance with the Uniform Fire Code, a 20 foot width fire apparatus access drive shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way, private street or approved access drive. See Chapter 16.41, Access and Circulation.

Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved subdivision or partition plat.

All applicable engineering design standards for streets, utilities, surface water management, and easements shall be met.

All cuts and fills shall comply with the standards and provisions in Section 16.50.100.

Utilities. Easements for utilities shall be provided on side and rear lot lines where deemed necessary by the appropriate service providers. Insofar as possible, easements shall be continuous, aligned from block to block within the development and compatible with adjoining existing developments. All easements shall not be less than five feet in width.

Unusual Facilities. Easements for unusual facilities such as high voltage electric transmission lines, drainage canals or pondage areas shall be of such width as is determined adequate by the responsible agency, including any necessary maintenance roads. These shall be fully designated upon the final plat or map, as to their use, purpose and ownership.

Watercourses. Where a development is traversed or bounded by a watercourse, drainageway, wasteway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the line of such watercourse, drainageway, channel or stream and of such width for construction, maintenance and control as will be adequate for the purpose as required by the responsible agency. For those developments which are bounded by a stream, stream bank easements shall be required for pedestrian paths. The width of watercourse easements shall be determined by the City and the developer using Chapter 16.50 and the Happy Valley drainage study as guides to the establishment of such easements.

Conservation. There shall be provided within any subdivision or planned unit development which borders or has within its boundaries a lake, pond, wetland or perennial stream, a conservation easement of 30 feet in width along both sides of the lake or stream within which building construction shall not be allowed. The dimension shall be measured from the known or documented high water mark. The conservation easement shall be held by the homeowner's association, if any, or dedicated to the City. Necessary maintenance shall be provided by the grantor of the easement.

All new street improvements shall conform with the adopted minimum installation, material and construction standards for all public street improvements pursuant to Chapter 16.50, the Happy Valley Transportation System Plan, and the City's Engineering Design Standards Details Manual.

All new streets within proposed subdivisions and PUDs shall be developed as City streets regardless of the size of the total development or the average lot size within the development; such developments may have private streets developed within them as approved by the City and pursuant to the criteria of Section 16.50.030; and

All streets within all proposed partitions, subdivisions and planned unit developments shall be a continuation of a County road or City street. A private street may serve a partition if the extension of a public street is not possible, but must meet the private street standards as described in subsection (D)(2) of this section. All new streets shall be compatible with and in accordance with the City's existing street development pattern and the adopted transportation plan.

The City may attach such conditions as are necessary to carry out provisions of this Code, and other applicable ordinances and regulations, and may require reserve strips be granted to the City for the purpose of controlling access to adjoining undeveloped properties. See Chapter 16.50 (Public Facilities).

As a condition of any approval, a waiver of remonstrance against the formation of a local improvement district for the construction, improvement or extension of Level I and Level II services which benefit the property owner shall be required by the City.

In situations where this Code requires the dedication of real property to the City, the City shall either: (a) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (b) delete the dedication as a condition of approval.

The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

All public improvements required by the preliminary plat have been installed and approved by the City Engineer or appropriate service provider (e.g., road authority). Alternatively, if 80% of the required public improvements are complete, and the developer has provided a performance guarantee for the incomplete work in accordance with Section 16.63.100;

The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

The streets and roads held for private uses have been approved by the City as conforming to the preliminary plat;

The plat and deed contain a dedication to the public of all public improvements, including, but not limited to, streets, public pathways and trails, access reserve strips, parks, sewage disposal storm drainage and water supply systems;

The applicant has provided copies of all recorded homeowners association covenants, conditions and restrictions (CC&Rs); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;

The plat complies with the applicable sections of this Code (i.e., there have been no changes in land use or development resulting in a Code violation since preliminary plat approval);

Certification by the City or service district, as applicable, that water and sanitary sewer service is available to every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the City that such services will be installed in accordance with Chapter 16.50, Public Facilities, and the bond requirements of Section 16.63.100. The amount of the bond, contract or other assurance by the subdivider/partitioner shall be determined by a registered professional engineer, subject to review and approval by the City;

The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner established by the U.S. Geological Survey, or giving two or more permanent objects for identifying its location.

No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;

No plat shall be recorded until it is approved by the County Surveyor in the manner provided by ORS Chapter 92.

Once recorded, a re-plat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

Vacations shall also divest all public rights in the streets, alleys and public grounds, and all dedications described on the plat.

To provide more desirable living environments by preserving the natural character of open field, stands of trees, brooks, ponds, floodplains, hills and similar natural assets;

To encourage, with regard to residential use, the provision of open space and the development of recreational facilities in a generally central location and within reasonable distance of all living units;

To encourage developers to use a more creative and flexible approach in the development of living areas within the City;

To provide for more efficient and aesthetic use of open areas;

To encourage variety in the physical development pattern of the community by providing a variety and mixture of housing types and siting as well as the design of access and circulation.

Any site larger than two acres where a minimum of 10% of the site contains environmentally constrained areas subject to Chapters 16.35 and/or Sections 16.34.010 through 16.34.080;

All properties, either individual tax lots or contiguous lots under common ownership, consisting of 50 or more acres on which are proposed to be developed more than 100 units;

Any development utilizing density transfer pursuant to the provisions of Chapter 16.63.

These requirements shall be the same as found in Section 16.63.050.

At the time of formal application, the developer shall submit the following plan elements in detailed graphic form:

At the time of formal application, the developer shall submit the following program elements in detailed written form:

The preliminary plat approval criteria as described in Section 16.63.030;

In considering the preliminary planned unit development proposal, the Planning Commission shall apply the following additional criteria when making a determination:

As pursuant to Section 16.63.080;

Changes and Modifications.

Purpose. Density calculation is the means by which density for any parcel may be determined and ultimately within that parcel in a more efficient and land conscious manner. This portion of the Land Development Code provides the method for calculating the overall density for any given parcel of land which may contain both buildable and unbuildable areas.

Benefit. The following benefits may accrue to the property developer and the City from density calculations:

Procedure. Density calculations shall be determined by the procedures in Section 16.63.020(F).

Decision-Making Process. Property line adjustments shall be reviewed per 16.61.010.

State Law. All property line adjustments shall be consistent with ORS 92.192.

Parcel Creation. No additional parcel or lot is created by the lot line adjustment.

Lot Standards. All lots and parcels conform to the applicable lot standards of the land use district (Article 16.2) including lot area, frontage, dimensions, setbacks, and coverage, and no resulting lot is more than 75 percent of the lot or parcel is limited by an environmental overlay district in Chapter 16.32, 16.34, or 16.35. If a lot is nonconforming as to any development standard, it shall not be made even less conforming by the property line adjustment.

Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 16.41 Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made even less conforming by the property line adjustment.

The site size, dimensions, location, topography and access are adequate for the needs of the proposed use, considering the proposed building mass, parking, traffic, noise, vibration, exhaust/emissions, light, glare, erosion, odor, dust, visibility, safety, and aesthetic considerations;

The negative impacts of the proposed use on adjacent properties and on the public can be mitigated through application of other Code standards, or other reasonable conditions of approval; and

All required public facilities have adequate capacity to serve the proposal.

Limiting the hours, days, place and/or manner of operation;

Requiring site or architectural design features which minimize environmental impacts such as noise, vibration, exhaust/emissions, light, glare, erosion, odor and/or dust;

Requiring larger setback areas, lot area, and/or lot depth or width;

Limiting the building or structure height, size or lot coverage, and/or location on the site;

Designating the size, number, location and/or design of vehicle access points or parking areas;

Requiring street right-of-way to be dedicated and street(s), sidewalks, curbs, planting strips, pathways, or trails to be improved;

Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

Limiting the number, size, location, height and/or lighting of signs;

Limiting or setting standards for the location, design, and/or intensity of outdoor lighting;

Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance;

Requiring and designating the size, height, location and/or materials for fences;

Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas, drainage areas, historic resources, cultural resources, and/or nature resource lands;

Requiring the dedication of sufficient land to the public, and/or construction of pedestrian/bicycle pathways in accordance with the adopted plans, or requiring the recording of a local improvement district non-remonstrance agreement for the same. Dedication of land and construction shall conform to the provisions of Chapter 16.41, and Chapter 16.42 in particular.

A quasi-judicial application to rezone sites (20 acres and larger). A preliminary master plan may be submitted for review concurrently with the zone change application or at a later date; however, in no case shall a change to the official zoning map become effective until a final master plan has been approved and effective for the site.

Master plans within these areas shall encourage mixed use developments which will provide commercial retail and office employment opportunities, and compact residential neighborhoods close to the commercial services within the City.

Development within the Regional Center Mixed Use (RC-MU) zone.

Developments within the Mixed Commercial Center (MCC) zone involving 20 acres or more of land.

The approval of a preliminary master plan; and

The approval of a final master plan.

The preliminary master plan shall be reviewed using the Type III-PC procedure in Section 16.61.040, the submission requirements in Section 16.65.050, and the approval criteria in Section 16.65.060.

The final master plan shall be reviewed using the Type II procedure in Section 16.61.030, to ensure substantial compliance with the approved preliminary plan and the criteria in Section 16.65.090.

A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

The proposed number of residential units and/or square footage of commercial, industrial and/or public uses and the density or intensity of proposed uses, including applicable Floor Area Ratios (FARs);

Narrative report or letter documenting compliance with the applicable approval criteria contained in Section 16.65.060;

Special studies prepared by qualified professionals may be required by the Planning Official, Planning Commission or City Council to determine potential traffic, geologic, noise, environmental, natural resource and other impacts, and required mitigation.

Existing conditions map, as defined in Section 16.62.030, Design review application submission requirements;

A vicinity map drawn to scale depicting existing bus stops, streets, driveways, pedestrian and bicycle connections, fire hydrants and other transportation/fire access issues within 300 feet of the proposed master plan site;

Proposed site plan identifying land uses, building envelopes, pedestrian, bicycle and vehicular circulation and access, parking areas, open space, utility connections, boundaries of existing and proposed land use districts and other information necessary to convey the general development plan;

Grading concept and stormwater management plan including existing and proposed elevations, site grades and contours, general drainage patterns and discharge locations, and the estimated size and location of stormwater management systems components;

Landscape concept (e.g., shows retention of existing vegetation and general planting areas);

Architectural concept (e.g., information sufficient to describe architectural styles, building heights, and general materials);

Sign concept plan (e.g., locations, general size, style and materials of signs);

A public right-of-way/easement/public place map depicting the reservation, dedication, or use of the proposed master plan site for public purposes, including, but not limited to: rights-of-way showing the name and location of all existing and proposed public and private streets within or on the boundary of the proposed master plan site, the right-of-way and paving dimensions, and the ownership and maintenance status, if applicable, and the location, width and construction material of all existing and proposed sidewalks; pedestrian access ways and trails; proposed easements; existing easements; parks; open spaces, including plazas; transit facilities; and school sites;

A Traffic Impact Study, as specified in Section 16.61.090, the scope of which shall be established by the City's Traffic Engineer;

A Phasing Plan. The phasing plan shall illustrate the proposed location of buildings, streets, utilities and landscaping. Phasing shall progress in a sequence that provides street connectivity between the various phases and accommodates other required public improvements such as wastewater facilities, stormwater management, electricity and water. The phasing plan shall consist of maps and a narrative with an overall schedule or description of on-/off-site phasing including, but not limited to: the type, location and timing of proposed uses, building locations; proposed public facilities including on-/off-site streets and traffic signals or other traffic control devices and utilities with the designation of construction and maintenance responsibility; estimated start/completion dates with a proposed type of financial guarantee, including, but not limited to, a bond, letter of credit, joint deposit or other security in a form acceptable to the City, submitted by the property owner, a future buyer and/or a developer, to ensure planned infrastructure improvements will occur with each phase, if necessary, or when required by the City, affected local agency or the State (the formal submittal of a required guarantee typically occurs during the final master plan review process and/or development implementation); a statement of the applicant's intentions with regard to the future selling or leasing (if known at the time of preliminary master plan submittal) of all or portions of the proposed development (where a residential subdivision is proposed, the statement shall also include the applicant's intentions whether the applicant or others will construct the homes); and the relationship of pedestrian and bicycle connectivity and open space requirements to the proposed phasing;

Neighborhood Meeting Summary. The applicant shall submit a summary of issues raised at the neighborhood meeting as specified in Section 16.65.030(D);

A copy of all proposed and any existing covenants, conditions, and restrictions that may control development, if applicable; and

Annexation. A general schedule of proposed annexation consistent with the phasing plan, if applicable.

The open space area shall be shown on the final plan and recorded with the final plat or separate instrument, and

The open space shall be conveyed in accordance with one of the following methods:

To provide for a desirable urban living and working environment with a compact urban form, and a mixture of uses,

To provide for the protection of natural resources, while meeting the employment and population targets set by the Metro Urban Growth Management Functional Plan for the City of Happy Valley,

To encourage developers to use a more creative and flexible approach in the development of commercial and residential areas within the City,

To provide a process that allows creativity and flexibility.

No changes have been made on the preliminary master plan as approved;

The applicant can show intent of applying for final master plan review within the one-year extension period;

There have been no material changes to the applicable elements of the City's Comprehensive Plan and Land Development Code provisions on which the approval was based; and

The extension request is made before expiration of the original approval period.

Final master plan approval is effective on the date of recordation of the memorandum of final master plan approval.

The final master plan shall remain in effect for not more than seven years unless modified as specified in Section 16.65.120.

Site design review approvals;

Planned unit developments, subdivisions, partitions, and property line adjustments;

Conditional use permits; and

Master planned developments.

An increase in density by more than 15 percent;

An increase in the floor area proposed for nonresidential use by more than 15 percent;

A reduction of more than 15 percent of the area reserved for common open space.

The Planning Commission shall make a recommendation to the City Council on an application for all other Comprehensive Plan map/land use district plan map amendments. The City Council shall decide such applications.

The City Council shall be the review authority for annexations that involve the legislative conversion of existing Clackamas County Comprehensive Plan designations/zoning districts to City Comprehensive Plan designation/zoning districts, per the provisions of Section 16.67.070.

In order to have a complete application for any proposed text amendment, the applicant shall submit the necessary application forms, and a narrative addressing applicable Comprehensive Plan objectives and policies, as well as the review criteria within Section 16.40.041.

In order to have a complete application for a proposed Comprehensive Plan map/zoning map or specific area map amendment, the applicant shall submit:

Approval of the request is consistent with the Statewide Planning Goals, applicable Oregon Administrative Rules (OAR), Oregon Revised Statutes (ORS), and the Metro Functional Plan; and

Approval of the request is consistent with the applicable goals and policies of the City's Comprehensive Plan; and

The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and

The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the Comprehensive Plan or land use district map regarding the property which is the subject of the application; and

When an application includes a proposed Comprehensive Plan map amendment/land use district map amendment, the proposal shall be reviewed to determine whether it conforms to Oregon Administrative Rule (OAR) 660-012-0060 (the Transportation Planning Rule - TPR) and Section 16.67.060. If a master plan that requires a full traffic impact analysis is required for a Comprehensive Plan map amendment/land use district map, a subsequent master plan may satisfy this provision, as determined by the Planning Official.

Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors). This would occur, for example, when a proposal causes future traffic to exceed the levels associated with a "collector" street classification, requiring a change in the classification to an "arterial" street, as identified by the City's Transportation System Plan ("TSP"); or

Change the standards implementing a functional classification system; or

As measured at the end of the planning period identified in the TSP, allow types or levels of land use that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; or

Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP; or

Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP.

Adopting measures that demonstrate that allowed land uses are consistent with the planned function of the transportation facility; or

Amending the TSP to provide transportation facilities, improvements, or services adequate to support the proposed land uses; such amendments shall include a funding plan to ensure the facility, improvement, or service will be provided by the end of the planning period; or

Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes of transportation; or

Amending the planned function, capacity or performance standards of the transportation facility; or

Providing other measures as a condition of development or through a development agreement or similar funding method, specifying when such measures will be provided.

The amendment does not include property located in an interchange area, as defined under applicable law;

The currently planned facilities, improvements or services are not adequate to achieve the standard;

Development resulting from the amendment will, at a minimum, mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development; and

The road authority provides a written statement that the proposed funding and timing for the proposed development mitigation are sufficient to avoid further degradation to the facility.

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);

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

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;

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

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

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;

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

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

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;

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

Adequate water and sanitary facilities are provided;

Adequate refuse storage and disposal facilities are provided;

Adequate food services are provided;

Adequate emergency medical facilities and communication systems are provided;

Adequate fire protection is provided;

Adequate security personnel are provided; and

Adequate pedestrian, bicycle and vehicle access are provided.

Temporary Sales Office.

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

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

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

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

The use will not result in vehicular congestion on streets;

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

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;

The building complies with applicable building codes;

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

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;

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

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.

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;

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

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;

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

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.

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

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;

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

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

No on-site sales will be conducted;

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;

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;

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.