28.01.010 Statement of Purpose and Intent.
(Amended by Ordinances 181437 and 192002, effective January 10, 2025.)
It is the purpose of this Title to promote the public’s health, safety and welfare through the regulation of floating structures and their appurtenances. The City recognizes the River Community as an important part of the City’s overall vitality and livability, and that Floating Structures by their nature are a “Water Dependent Activity.”
These regulations recognize that waterborne structures, by their very nature, confront different environmental factors than do structures located on land. Furthermore, it is recognized that waterborne structures have distinctive design requirements such that strict adherence or application of the land-oriented Specialty Codes is not always appropriate and that modifications or exceptions should be made in appropriate circumstances in the application of those codes.
28.01.020 Scope.
Permits may be required for, among other activities, the construction, reconstruction, relocation, alteration, repair, maintenance and siting of floating structures and related structures located within Portland as provided by this Title.
Portland City Code Chapter 33.236 regulates the location, use and development of floating structures. New, relocated or replacement floating structures on sites located within the Portland International Airport Noise Impact overlay zone, as identified in the City’s zoning maps, are subject to the noise insulation, noise disclosure statement, and noise easement requirements of Chapter 33.470.
This Title does not apply to the construction, maintenance, or operation of boats, except as provided in Section 28.06.050.
This Title does not apply to any buildings or structures located on land above the mean high-water mark. Such buildings or structures, including but not limited to parking lots, carports, club houses, sales or business offices, must be constructed in compliance with the applicable State Specialty Codes and Portland City Code (PCC) Title 24 Building Regulations.
Except as specifically provided in this Title, the State Specialty Codes and Titles 24, 31, and 19 of this Code are the base codes for the design and construction and maintenance of floating structures. Recognizing the unique history and traditions associated with floating structures, alternatives to the requirements of the base codes are included in Section 28.06.055 and elsewhere in this Title. Due to that history and tradition, the City Administrator will give additional consideration to prior interpretations, rulings, permitting and appeals.
Should any conflicts arise between the requirements specified in the base codes and the requirements specified in this Title, the requirements of this Title control. Where two requirements of this Title are in conflict the most restrictive requirement will apply. If, after taking into consideration the nautical application of the codes, the application of the specific code requirement is deemed to be overly restrictive, the City Administrator may refer the question to the Building Code Board of Appeal for interpretation.