Potential amendment to the Housing Adjustment Compliance Project to address zoning code application in the right of way

News Article

Amendment to be considered by City Council with the full Recommended Draft package at a public hearing on Wednesday, Oct. 30 at 2 p.m.

Mayor Wheeler will introduce an amendment for City Council consideration at the upcoming public hearing on the Housing Adjustment Compliance Project scheduled to start at 2 p.m. on Wednesday, Oct. 30.

Generally, Portland's Zoning Code does not apply to work in the right-of-way. However, there are a few exceptions, when the work in the right-of-way is in an overlay zone such as the design, historic, greenway, or environmental overlay zones. In those cases, the zoning code applies in addition to City Code Title 17, Public Improvements. The intent is for the regulations in those overlay regulations to apply to that work, not all zoning regulations. However, the code is not clear on which parts of the zoning code should apply. The amendment narrows the application of the zoning code to these situations, rather than applying the entire code when work is performed in the right-of-way.

This amendment addresses an issue that was raised during the review of the replacement of the Burnside Bridge.

Read the amendment memo

The City Council will consider this amendment at the public hearing on Wednesday, Oct. 30 starting at 2 p.m. along with the other recommendations from the Housing Adjustment Compliance Project, which amends the City's Zoning Code to allow adjustments to a range of development standards that impact minimum lot sizes, maximum heights, bike parking locations and cottage cluster standards. The Recommended Draft of the Housing Adjustment Compliance Project is available for review and public testimony is welcome.

For more about the Recommend Draft and how to give your testimony to City Council, read the Oct. 11 announcement.