A right-of-way is defined as an area that allows for the passage of people or goods. Rights-of-way include passageways such as freeways, pedestrian connections, alleys, and all streets. All new lots and parcels created through the standard land division process must front on a street (either a public right of way or a private street tract). The length of the street frontage requirement varies by zone, as described in Chapters 33.605 to 33.615.
The regulations governing the creation of a right-of-way within a land division site can be found in Chapter 33.654 of the Zoning Code. These regulations are also used to determine if new rights-of-way are required and how rights-of-way are designed. This guide provides information about street connectivity; and the creation of new streets and alleys during a land division review.
- Detailed public street standards can be found in the Portland Bureau of Transportation (PBOT) Development Review Manual To Creating Public Streets and Connections.
- Detailed private street standards can be found in Portland Permitting & Development’s Administrative Rules for Private Rights-of-ways.
Types of rights-of-way typically created with land divisions
There are several different kinds of rights-of-way that may be created as part of a land division. (See Zoning Code Chapter 33.910 for more detailed definitions of each right-of-way type):
| Type of right-of-way | Definition |
|---|---|
| Street | A right-of-way that is intended for motor vehicle, pedestrian or bicycle travel, or for motor vehicle, bicycle or pedestrian access to abutting property. Streets can be public or private. |
| Shared Court | A street that is designed to accommodate – within the same circulation space – access for vehicles, pedestrians, and bicycles to abutting property. Instead of a sidewalk area that is separate from vehicle areas, a shared court is surfaced with paving blocks, bricks, or other ornamental pavers to clearly indicate that the entire street is intended for pedestrians as well as vehicles. |
| Common Green | A street that provides for pedestrian and bicycle access, but not vehicle access, to abutting property and generally provides a common area for use by residents. A common green may function as a community yard. |
| Pedestrian Connection | Provides a through connection for bicyclists and pedestrians between two streets or two lots. It may be a sidewalk that is part of a street that also provides vehicle access, or it may be a self-contained street created solely for pedestrians and bicyclists. |
| Alley | Provides vehicle access to a lot or common parking area, generally secondary access, though where primary access from a street is not possible, the alley may provide primary access. |
Street Connectivity: A connected street pattern is required where possible. This type of street pattern allows for more convenient pedestrian and bicycle travel and helps avoid congestion at any one intersection.
For a land division review in zones except Industrial, there are two paths for meeting street connectivity requirements: Standards or Approval Criteria. When using the Standards path, all standards must be met and adjustments are prohibited. For proposals that cannot meet standards, the approval criteria apply. Where a proposal can meet standards, the applicant can still choose to meet all of the approval criteria instead of the standards.
Street Connectivity Standards Summary
For the full list of standards, see Zoning Code Section 33.654.110.C
- Through streets must be provided where there is more than 530 feet between through streets unless the entire frontage is within 200 feet of the closest intersecting edge of a through street.
- Partial streets and partial pedestrian connections are required where a straight-line extension of the partial through street or partial pedestrian connection would bring the street or pedestrian connection onto the site.
- Depending on the location of the site and the street grid adjacent to the site, through streets and partial through streets must connect two or more streets, be in alignment with partial through streets within the same block as the land division, and extend to the boundary of the site to provide future access to adjacent sites.
- Dead-end streets may be provided where through streets are not required.
- Alleys are permitted in addition to required streets to accommodate alternative vehicular access to proposed lots.
Street Connectivity Approval Criteria Summary
Applicants may choose to address approval criteria when a full street connection is required per standards, but not possible due to site-specific circumstances. The criteria allow a more holistic review of the site and surrounding area to identify other solutions that may differ from how the standards would apply. For a full list of the approval criteria, see Zoning Code Section 33.654.110.D
- Through streets are required where appropriate and practicable, taking into consideration distance between and location of existing through streets, existing street pattern, terrain of the site, adjacent sites that may be divided in the future, width of existing lots, and whether natural elements or existing dwelling units may obstruct the expected path of a through street or pedestrian connection.
- The area may have a Master Street Plan in the Comprehensive Plan that must be considered.
- Pedestrian connections should take the most direct route possible.
- Dead-end streets may be provided where through-streets are not required. When providing a dead-end street on a site that is adjacent to sites that may be divided in the future, the dead-end street must extend to the boundary of the site to provide future access to the site.
- Alleys may be required where an alley will mitigate transportation or development impacts from the proposed land division.
Design of Rights of Way (33.654.120)
The Zoning Code provides standards and approval criteria for the design of the specific types of rights-of-way described in the table above.
Public Streets
The design of public streets is approved by the Portland Permitting & Development Public Infrastructure Development Planning team, based on the public street standards. When public right-of-way improvements are proposed or required, a Public Works Permit is required in most situations. Public right-of-way improvements requiring a Public Works Permit may include installation of a new curb and sidewalk corridor with street trees or a stormwater facility, or an entire street section. In order to approve a land use review that has public improvements requiring a Public Works Permit, the applicant must first receive Concept Plan (typically 30%) approval of the Public Works Permit to demonstrate the feasibility of providing the required improvement. It is recommended that when public right-of-way improvements are required or proposed, the applicant submit the Public Works Permit application prior to deeming the land use application complete to allow the time required to receive the necessary level of Public Works Permit approval before continuing with the land division review process.
Private Streets
- Private streets are approved by Portland Permitting and Development based on Zoning Code standards (33.654.120 - 150) and the Administrative Rule for Private Rights of Way, which dictate width, design, and configurations within private streets. General requirements for standard private streets, which include a vehicle roadway include: must be dead-end streets, and a turnaround is required if the street abuts 4 or more lots in the land division site.
- Private streets cannot abut more than eight lots within a land division site. A public street is required for additional lots.
- Portland Fire & Rescue must review for emergency access:
- A sidewalk on one side, on-street parking and street trees are typically required.
Other Types of Private Streets: Shared Courts, Common Greens, Pedestrian Connections, and Alleys
Regulations for the design of private Shared Courts, Common Greens, Pedestrian Connections, and Alleys are also provided in the Designs of Rights of Way section of the Zoning Code. Each private street type serves a different purpose and has different standards or approval criteria that apply. See Zoning Code Sections 33.654.120.C.3.c, d, e, and f for those standards.
If you have additional questions about the zoning code right-of-way requirements, please schedule a 15-minute appointment with a City planner who specializes in land divisions or schedule an early assistance appointment.