191154

The City of Portland ordains:

Section 1. The Council finds:

1. The City, through the Bureau of Development Services (BDS), regulates floating structures and related structures, such as docks and marinas, via City Code Title 28 – Floating Structures. 
2. Title 28 creates a Floating Structures Code Board of Appeal to hear appeals of BDS decisions related to floating structures.
3. Since it was created, the Floating Structures Code Board of Appeal has only met one time, and it has not met in over 15 years.
4. Most issues that arise relating to floating structures involve interpretations of the Commercial and Residential Building Codes, on which the existing Building Code Board of Appeal has the expertise to render decisions. 
5. The revisions in this ordinance will replace the Floating Structures Code Board of Appeal with the Building Code Board of Appeal as the body that hears appeals of BDS decisions related to floating structures.
6. The ordinance allows the River Community Advisory Committee to assign a committee member or other subject-matter expert to participate in any appeals heard by the Building Code Board of Appeal that are related to floating structures and interpretations of Title 28 on a case-by-case basis.  This approach provides maximum flexibility without burdening the community with being appointed to a board that never meets.
7. The ordinance also removes the term, “grandfathered,” which has its origin in racist post-Civil War practices designed to prevent Black men from voting.
8. The ordinance adds some definitions and makes other minor language changes for clarity and consistency.

NOW, THEREFORE, the Council directs:

1. Portland City Code Title 28 amended as set forth in Exhibit A.
2. The effective date of the City Code amendments is March 1, 2023.