191643

Ordinance

Amend Floating Structures Code to clarify permitting requirements for repairs to existing floatation systems (amend Code Sections 28.03.020 and 28.05.010)

Passed

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 outlines when permits are required for the construction, reconstruction, relocation, alteration, repair, maintenance and siting of floating structures and related structures located within the City of Portland.
  3. Title 28 has historically lacked specificity regarding the quantity or percentage of floating structure materials allowed to be replaced without a permit when making repairs to floating structure floatation systems or floatation devices.
  4. The River Community Advisory Committee (RCAC) has advised on amendments to Title 28 intended to provide additional clarity around permitting requirements when making such repairs.
  5. The revisions in this ordinance allow owners of Floating Structures to complete repairs to the floatation system without a building permit, when replacing no more than 50% of the float structural components or floatation device with like or better materials in a like manner (within a 12 month period).
  6. This approach also allows for the timely completion of necessary repairs in the interest of public safety, without burdening the community with additional delays.
  7. The ordinance adds a reference in Subsection 28.03.020 C.10, pointing to new permitting requirements in Subsection 28.05.010 D.
  8. The ordinance also removes the requirement that as-built plans for additions to an existing deck, walk, porch, or float for a floating home or combo-structure built under Title 28 exceptions be submitted to the BDS Director upon completion of the work.

NOW, THEREFORE, the Council directs:

  1. City Code Sections 28.03.020 and 28.05.010 to be amended as set forth in Exhibit A.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

This ordinance amends City Code Title 28 – Floating Structures to clarify permitting requirements for repairs to floatation systems and floatation devices and rescinds the requirement for as-built plans to be submitted to the BDS Director for additions excepted under Title 28.

Title 28 has historically lacked specificity regarding the quantity or percentage of floating structure materials allowed to be replaced without a permit during repair; the revisions in this ordinance provide needed guidance for owners of floating structures when making repairs to floatation systems or floatation devices. The ordinance also removes the requirement that plans for work not requiring a permit be submitted to the Bureau Director after project completion; this requirement is unnecessary, as BDS has no way of storing records that are not attached to an active permit within its information systems.

Financial and Budgetary Impacts

This ordinance has no budgetary impacts and would not impact staffing levels. Any changes in work resulting from this ordinance is expected to be performed using existing resources. The River Community Advisory Committee (RCAC) worked with BDS staff to advise on the details of this ordinance. Because the proposed changes are technical in nature and limited to the floating structure community, minimal outreach will be conducted to inform customers of the code changes.

Community Impacts and Community Involvement

The RCAC worked with BDS staff to advise on the details of this ordinance. Because the proposed changes are technical in nature and limited to the floating structure community, minimal outreach will be conducted to inform customers of the code changes.

100% Renewable Goal

This ordinance is not applicable. The proposed amendments impact a very small portion of project and will not have an impact on the City's renewable energy goal. 

Budget Office Financial Impact Analysis

There is no fiscal impact.

Document History

Item 164 Time Certain in February 21, 2024 Council Agenda

City Council

Passed to second reading

Passed to second reading February 28, 2024 at 9:30 a.m.

Item 192 Regular Agenda in February 28, 2024 Council Agenda

City Council

Passed

  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Mayor Ted Wheeler Yea

Changes

Contact

Ross Caron

Development Services
phone number503-823-8871Monday through Friday from 8 a.m. to 5 p.m.
Oregon Relay Service711Oregon Relay Service

Requested Agenda Type

Regular

Date and Time Information

Requested Council Date
Changes City Code