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City of Portland Implementation of State Laws

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Learn more about State land use laws that the City of Portland implements. The City applies these laws directly because they have not been incorporated into the City’s Zoning Code Title 33

ORS 197.748 - House Bill 3261 (2021)

ORS 197.748 (adopted by the Oregon Legislature in 2021 (HB 3261)) requires the City to approve an application for conversion of a hotel or motel to use as an emergency shelter or affordable housing regardless of state or local land use laws as long as the application complies with the state law. Refer to ORS 197.748 for current regulations.

ORS 197A.445 – Senate Bill 8 (2021)

ORS 197A.445 (incorporating SB 8 (2021) and subsequent amendments) requires the City to allow affordable housing and conversion of a building from commercial to residential use in certain situations and provides density and height bonuses for affordable housing projects. Refer to ORS 197A.445 for current regulations.

For the purposes of calculating the bonus density and height provided by this law, the City determines the maximum FAR allowed for the zone in the Portland Zoning code and converts that to density by assuming 1 unit per 1,000 square feet. 

ORS 197.783 – House Bill 2006 (2021)

ORS 197.783 (referred to as HB 2006 (2021) and amended by HB 3395 (2023)) requires the City to approve an application for an emergency shelter regardless of state or local land use laws as long as the application complies with the state law. Please refer to the City of Portland Emergency Shelter Approval Process webpage for more information on the City process and ORS 197.783 for the current regulations.

ORS 197A.470 – House Bill 2008 (2021)

ORS 197A.470 (as amended by the Oregon legislature in HB 2008 (2021)) requires the City to make faster decisions on affordable housing projects with more than 5 units. The law also requires the City to approve affordable housing on certain property not zoned for housing that is owned by a religious corporation. Please refer to ORS 197A.470 for the current regulations.

Senate Bill 1537 (2024)

Section 9 of a law adopted by the Oregon legislature in 2024 (SB 1537) allows an applicant for a land use review for development of housing to request review under different standards and criteria than what was applicable at the time the application was first submitted. This regulation is effective June 6, 2024. 

The applicant may make a request by submitting the below Senate Bill 1537: Section 9 Request Form, prior to issuance of a public notice, to the planner assigned to the review.

House Bill 4063 (2024)

Section 10 of a law adopted by the Oregon legislature in 2024 (HB 4063) allows the City to approve a partition and middle housing land division for property in the same calendar year.