The Housing Adjustment Compliance Project amends several sections in Portland’s Zoning Code, Title 33, to comply with Senate Bill 1537 (SB 1537), especially Sections 38 and 39 of the bill, which were adopted by the State in May 2024.
SB 1537 requires local jurisdictions to allow applicants to request adjustments to a variety of development and design standards. Jurisdictions must either apply the state language directly to a development review, incorporate the bill’s language into their local zoning codes, or request a state exemption if their existing local zoning code and process achieves the same principle.
Background
The Portland Zoning Code already allows the adjustment of many of the development standards referenced in the bill, either through an adjustment review or as modifications through design review. However, some standards are prohibited from being adjusted or modified. The Housing Adjustments Compliance Project addresses these situations to allow adjustments or modifications to standards where the code currently prohibits them. By allowing adjustments to the full range of standards listed within SB 1537, our amended code would achieve the same goal as the bill and allow us to request the state exemption to use our current process.
Proposed changes
With the proposed amendments to Portland’s Zoning Code, any current prohibitions on adjustments addressed by the bill are temporarily lifted to allow an adjustment or modification until Jan. 2, 2032. In most cases, the adjustment allowance is limited to the amount of variation dictated by SB 1537. Some of the standards addressed in the proposed amendments include minimum lot size and dimension standards, maximum height thresholds, and some middle housing provisions. After Jan. 2, 2032, the provisions allowing these adjustments will automatically be rescinded, and the Zoning Code that is currently in effect will apply again.
By incorporating these temporary adjustment allowances within Portland’s Zoning Code, Portland Permitting & Development (PP&D) can continue to use the City’s current process to review all adjustments. Using current processes means the City does not need to directly apply the processes or approval criteria within SB 1537 or to create a separate secondary adjustment process.
The Bureau of Planning and Sustainability will be asking the state Department of Land Conservation and Development (DLCD) to accept a request for an exemption to use our current process in lieu of the state process, as this is one of the options allowed through SB 1537.
Timeline
July 23, 2024 – Proposed Draft released
Aug. 27, 2024 – Planning Commission hearing
Oct. 30, 2024 – Tentative City Council hearing