Frequently Asked Questions
Below are answers to some of our department's most frequently asked questions.
Due to Canby's proximity to the Portland Metro area, the region's housing shortage, and our community's reputation for having a high quality of life, Canby continues to experience intense pressure to grow. While the Planning Department and Planning Commission are tasked with evaluating consistency between development proposals and applicable regulations, neither party initiates development. Development proposals come before decision makers (the Planning Director, Planning Commission, and/or City Council) when property owners decide to utilize the development capacity on their property, which is based on zoning. As such, the amount of development occurring in Canby at any point in time is largely a function of market forces.
While a handful of properties in the City (and its UGB) have been rezoned in the last few years, most instances of perceived "rezoning" in Canby were already designated for a particular type of land use and are simply being developed consistent with that existing zoning.
For example, many residents have asked why specific vacant parcels in the City's industrial park have been "rezoned" for warehouses or manufacturing uses. The industrial park was zoned in the early 1980s and has been designated for industrial uses for over 30 years. Similarly, residential neighborhoods adjacent to central Canby (on both sides of 99E) have been zoned High Density Residential for several decades.
Planning Staff understand that it is sometimes surprising or jarring when a property or neighborhood suddenly redevelops after a long period of no change. However, property owners generally possess a right to develop their properties as zoned.
The City contracts with Clackamas County Building Services for processing of building, plumbing, and electrical permits. The County also performs inspections related to these permits.
If a building permit is needed, Clackamas County requires a site plan release letter from the City of Canby before the permit can be released. In most cases, the Planning Department encourages project applicants to submit materials to the City and County simultaneously so that processing can happen concurrently.
Generally, no. Under specific circumstances, the Planning Director can waive requirements for a Neighborhood Meeting, Pre-Application Conference, or Traffic Study. However, this is at the discretion of the Planning Director (or their designee) and must be requested prior to submission of an application. Submission of applications without documentation specifying why certain items are omitted will be deemed incomplete. Furthermore, incomplete applications result in delays in permit processing times and construction schedules.
The Planning Department does not proactively look for code violations in the community. Code enforcement, unless excessively egregious, is based on citizen complaints. The City's Code Enforcement Officer is a member of the Police Department and may be contacted during business hours at 503-266-0797.
If you are building something on your property and are unsure if it is allowed, you are encouraged to contact the Planning Department to verify. Common code compliance issues involve placement and height of accessory structures (e.g., sheds, patio covers, and RV covers) and fence heights. If tree branches traverse over property lines, the City encourages property owners to work with their neighbors to ensure that trimming activities satisfy all affected parties.
The pre-application ("pre-app") conference is a required first step when a project applicant is looking to develop or build a project. It is your opportunity to gain valuable input from the people and parties that will be analyzing and reviewing your applicant once it is submitted, including representatives from Planning, Public Works, Canby Utility, other utility providers, the consulting City Engineer, Canby FIre District, and Clackamas County.
Discussions in the pre-app often confirm the availability of public utilities and services, clarify the City's expectations for public improvements (e.g., right-of-way dedications and sidewalks), and uncover issues with a project design before it is finalized.
The City's fence regulations require that residential fences within a home's front and side setbacks be a maximum of 3.5 feet tall (see Subsection 16.08.110 of the Municipal Code). These regulations have been in place for over a decade and are intended to accomplish a number of goals:
- Prevent a "fortress effect" where entire street frontages are dominated by sidewalk-adjacent full-height fences. Where applied excessively, the fortress effect is thought to make the neighborhood less friendly and less attractive by literally walling off the private realm from the public realm.
- Improve visibility for vehicles backing up out of driveways, both at the front and sides of residential lots. When driveways are adjacent to full-height fences, it is harder for drivers to see pedestrians on the sidewalk or other vehicles in the street while backing up, creating a safety hazard.
- Create more "eyes on the street." This is a urban planning principle that asserts that streets are safer and more secure when more people in homes or other buildings can see outward toward the street. For example, if a small child runs into the street and full-height fences block views from a home's front windows, parents may not see that their child is in danger.
- Lastly, streets with continuous walls or fences along the sidewalk are often observed to experience increased speeding by motorists, who don't feel the accountability that comes with high visibility from surrounding land uses.
The Planning Department understands that, for a number of reasons, some homeowners prefer to have taller fences. Staff encourage homeowners to talk to the department before building new fences so that they may maximize their yards' utility while also staying compliant with the City's Municipal Code.
Development Direct (DTD) is Clackamas County’s new online permitting system (https://www.clackamas.us/development-direct). As the County transitions to this new system, applicants often have questions about when and how they receive responses in DTD. If this is the case, please keep in mind the following:
- The County issues all building and trade (plumbing, mechanical, and electrical) permits for projects in Canby but many projects also require site plan review by the City. City planning staff can’t sign off on a permit in DTD if we haven’t received the City’s own site plan application and associated materials (site plan, elevations, etc.).
- Applicants are encouraged to ask Canby Planning staff if they need to submit both places (within DTD and with the City). For the time being, the process is somewhat duplicative but the City needs certain materials for its own records. Note that the City and County both charge review fees.
- Applicants are encouraged to email planningapps@canbyoregon.gov for inquiries related to our part of the process. Planning staff work on a variety of projects and some staff are more familiar with certain projects than others. This email enables our entire team to see inquiries.
- Planning staff are occasionally mistakenly assigned projects in DTD outside our jurisdiction. Applicants should inquire with Clackamas County if they believe this is the case, as we typically do not respond to questions in the system if we see the project is outside the City. Note that some properties have “Canby” in their postal address but they are not located within City limits.
- In general, DTD is managed by Clackamas County Building Services. Clackamas County staff are best suited to answer questions about overall timelines for permitting processes and troubleshooting issues with DTD.
If you feel like traffic congestion in Canby has increased in recent years, you are not alone: this is a topic the Planning Department hears about regularly. Our community's roads and intersections have seen noticeable growth in traffic for a number of reasons:
- We're growing. Canby is an attractive place to live and do business, so people and businesses continue to relocate here.
- Commuting behaviors. For a variety of reasons, many people are choosing to live farther from work. This increases congestion, especially during morning and evening commute times (aka peak hours).
- Distribution and logistics uses. Our industrial park has increasingly attracted warehouse and distribution uses, which increase truck trips on the road network.
- Regional travel patterns. As the overall region has grown, Highway 99E has attracted more through-traffic. This phenomenon is expected to accelerate with the state's implementation of tolling on I-205, which will divert some drivers through Canby.
The City of Canby closely tracks traffic in a variety of ways. Development projects are required to complete traffic impact studies that analyze project-related trips. Approved projects are added to the City's custom traffic model, which is maintained by the consulting firm DKS and Associates. The City has an adopted Transportation System Plan (TSP) that identifies street classifications and lists transportation projects, among other things. For example, the TSP was recently amended to show the planned Walnut Street Extension, which will alleviate circulation issues between the industrial park and 99E. The City will be updating the TSP in the next two years. Lastly, the City closely coordinates with Clackamas County, which is also concerned with traffic patterns in our area and has its own list of highway projects, along with ODOT.
It is worth noting that traffic impacts and mitigation for development projects, as in other cities, are analyzed using the City's adopted performance thresholds, which are identified in the TSP. This is sometimes unsatisfying to the general public because traffic studies are perceived as saying that traffic is "no problem," which is not the intended message. Many projects do generate more traffic, but do not trigger failures at intersections based on these adopted thresholds. If you have questions on this topic, feel free to reach out to planning staff.
Much of rural Clackamas County is not located within an incorporated city (e.g., Canby, Barlow, or Aurora). The post office often assigns addresses to properties in these areas that include the nearest city name, irrespective of jurisdictional boundaries. In our area, this means that many rural properties have "Canby" in their address but they are not in the City's jurisdiction. In these cases, all land use approval authority is held by Clackamas County (https://www.clackamas.us/planning). If you aren't sure whether or not a property is within City limits, please feel free to contact Development Services and we can verify this information.
Supporting Documents
Ryan Potter, AICP | Planning Manager | (503) 266-0712 | PotterR@canbyoregon.gov |