The adjustment review process provides a mechanism by which the regulations in the Zoning Code may be modified if, in part, the proposed development continues to meet the intended purpose of those regulations. Adjustment reviews not only provide flexibility for unusual situations, but may also be requested to allow for alternative ways to meet the purpose of the regulation. Applicants do not need to demonstrate a hardship.
When preparing an adjustment application, the approval criteria require you to specifically address each aspect of the purpose statement of the standard being adjusted. The purpose statement is found preceding the development standard in the relevant Zoning Code chapter.
Process for an adjustment review
The City of Portland submitted an exemption request to the Oregon Housing Accountability and Production Office (HAPO) on Dec. 31, 2024. During review of the City’s application, the mandatory adjustment provisions of Senate Bill 1537 (2024) do not apply until the HAPO issues a final decision, which must be issued within 120 days or by April 30, 2025. Interested parties may sign up to receive public notice for the city’s application on DLCD’s Housing GovDelivery system, including a 45-day opportunity to submit public comments during the 120-day review period.
The city will apply a local process to review Adjustment requests in lieu of the mandatory adjustment provision of SB 1537. An adjustment review is processed through a Type II procedure and results in an administrative (staff) decision.
Eligible development and design standards that an applicant for the development of housing may request an Adjustment to include:
- Setbacks
- Common, open space, or landscaped areas
- Minimum lot sizes
- Maximum lot sizes
- Building lot coverage
- Bicycle parking
- Building height
- Window requirements (except bird safe glazing)
- Façade articulation
- Any other development standards that are not listed as prohibited.
Certain design standards listed in Portland City Code 33.420.050 are processed through a Design Review, rather than an Adjustment Review to request deviation from a design standard.
Below is the process for a Type II Adjustment:
- Application Submittal and Completeness - Staff notifies the applicant of any missing information or materials within 14 days of submittal.
- Public Notice - Upon receipt of a complete application, a public notice is mailed to all property owners within 150 feet and to the recognized organizations within 400 feet of the site. Twenty-one days are allowed for public comment.
- Decision - This is made administratively by staff (no public hearing) typically within 28 days after the application is determined to be complete.
- Appeal - Appeals of the decision can be made to local hearings bodies, such as the Adjustment Committee or the Hearings Officer, depending on the land use review.
Approval criteria for an adjustment review
Apply for an adjustment review
Submit a land use review application form, fee, narrative addressing the approval criteria, and other materials listed in the land use review application checklist.
Visit Land Use and Final Plat Applications for instructions on how to apply for a Land Use Review.
| Applications and forms | Instructions |
|---|---|
| Complete this application form to apply. | |
| Use this list to identify submittal requirements. |
Review the Land Use Services Fees Schedule and the Unincorporated Multnomah County Land Use Fees Schedule.
Still need help?
If you have questions after reviewing the information on this page, please schedule a free 15-minute appointment with a city planner or set up an Early Assistance meeting for a deeper discussion.