Nonconforming Review
A nonconforming use or structure is one that was initially permitted, but no longer conforms to the regulations of the zoning district in which it is located. The City can review nonconforming situations and verify they are legal. The regulations for nonconforming uses, structures, and lots and modifications to existing situations are found in LDC 16.72.
Process
There are two types of nonconforming review. Evidence showing the requirements are met without any doubt is a quicker and cheaper review (Type I). If there is a lack of evidence, the application requires an opportunity for public comment (Type II). Applicants work with staff to identify evidence that demonstrates compliance with the approval criteria for legal non-conforming reviews.
Examples of evidence includes land use or building permits, utility records, aerial and dated photographs, property tax appraisal information, tax records, receipts, licenses, bills of sale, or other items pertinent to the nonconforming issue. It is common to reach out to the City (and in most cases Clackamas County) to see if we have any additional information that could help. Any information you find can be included in your nonconforming application request. For additional information please contact the Planning Division at 503.783.3800 or [email protected].
Nonconforming Lots
Some lots do not meet the current standards of the zoning designation, such as minimum lot size, width, depth. Per 16.72.040.A, a lot will generally be legal if it was created before May 5, 2009 and was vacant on that date. If the lot was created after May 5, 2009 or was not vacant on that date, it needs to have been either created prior to 1973 or through a land division process with the City or County to be legal. To start your research, contact the Happy Valley Planning Division at 503-783-3800 or [email protected] to see if we can locate a plat or prior land use approval. If we cannot, we recommend reaching out to the Clackamas County Tax Assessor at 503-655-8671 and asking for the Cartography department to identify the date the tax lot was created and/or changed.
Nonconforming lots may be altered. A nonconforming lot may be enlarged, even though the lot may remain in nonconformance, provided the enlargement does not cause the lot to exceed any maximum standards. A nonconforming lot may be altered if the degree of nonconformity is not increased. Any property which is a nonconforming lot may be combined with any other contiguous property which is under the same ownership for the purpose of reducing or removing the nonconforming status of either, both or all lots.
Nonconforming Uses
The regulations for nonconforming uses may be found in 16.72.020.
Nonconforming Buildings
The regulations for nonconforming buildings may be found in 16.72.030.
Application form
Fee Schedule