In March 2024, following the closure of a NE Portland restaurant due to complaints about odor issues, Commissioner Carmen Rubio directed the Bureau of Planning and Sustainability (BPS) to update regulations related to odor complaints.
Citing concerns about the negative impacts of Portland’s current odor code, Commissioner Rubio said, “The City’s regulation and enforcement of odor issues is outdated and needs a more fair, practical, and equitable approach. My goal is to see the code changes happen as soon as possible.”
Read Commissioner Rubio’s full statement.
What’s in the current odor code?
Portland’s odor standard is in the Zoning Code. Chapter 33.262 Off-Site Impacts regulates impacts from nonresidential uses, including impacts from noise, glare, odor, and vibration. Section 33.262.070 states:
A. Odor standard. Continuous, frequent, or repetitive odors may not be produced. The odor threshold is the point at which an odor may just be detected.
B. Exception. An odor detected for less than 15 minutes per day is exempt.
Evaluating impacts
One of the biggest challenges with the odor standard is that, unlike the other offsite impact standards, the odor standard is entirely subjective. While the impacts of noise and light have standard measurements, there is not a reliable instrument that can be used to measure odors.
For example, scentometers used in the past to measure odor intensity have fallen out of favor; readings taken outside of a controlled lab setting can vary so greatly due to meteorological conditions that they are not considered reliable. Other odor-measuring methods have been tried, including one that involves trained human sniffers, but they are not widely used because they are still subjective tests. Further, while the intensity of an odor may technically be measurable, sensitivity to smell varies, as do preferences for and distaste of different types of smells.
Code compliance
The current system for enforcement is complaint driven. That means anyone can make an anonymous odor complaint to the Bureau of Development Services (BDS), which is tasked with administering Chapter 33.262. Once a complaint is received, an inspector visits the property to determine a detectable odor and, if so, how long the odor persists. If the odor is detected for more than 15 minutes, the City can start enforcement action against the property. The inspector will work with the business owner to identify solutions, such as replacing the air filters on the HVAC system; however, the BDS inspector can also levy fines if the odor issue is not resolved.
The subjective nature of odors and the anonymous code complaint system create an environment where the City Code can be used in a discriminatory manner due to the lack of real measurable standards. In response to these concerns, Commissioner Rubio directed enforcement of the City odor regulations be paused for restaurants until the Planning Commission, with the support of BPS and BDS staff, can evaluate the current code and propose fairer and more equitable amendments to City Council.
Next steps
Staff at BPS are researching best practices for addressing odor impacts and how other local governments deal with odors, as well as evaluating what an odor standard without disparate equity impacts would look like. From this research, staff will draft a recommendation for changes to City Code to be considered by the Planning Commission and, ultimately, City Council, which will decide if amendments to the City Code are warranted.
Project timeline
July 2024 – Proposed Draft released
August / September 2024 – Planning Commission hearing
October / November 2024 – City Council hearing and adoption
March 1, 2025 – Code amendments effective