This chapter provides standards and procedures for adjustments and variances, which are deviations from development standards that are not otherwise permitted elsewhere in this title. The purpose of adjustments and variances is to allow for reasonable use of land when varied geography and complexities of land development require flexibility, especially housing development. The provisions in this chapter do not aim to waive all land use regulations and do not allow uses to be established that are not permitted in the zoning district in which the adjustment or variance is located. (Ord. 2120 §11, 2024).

Adjustments provide relief from specific code provisions when a code provision has the unintended effect of preventing reasonable development in conformance with all other code requirements. There are two categories of adjustments that (A) apply to general development and design standards, and (B) apply to certain housing developments established by SB 1537 and codified in ORS Chapter 197A. Adjustments across both categories do not apply to the situations provided in subsection A of this section. The standards and procedures for each adjustment type are set forth in subsections B and C of this section.

A. Exclusions. Adjustments set forth in subsections B and C of this section do not include the following:

1. Allowing use of property that is not permitted in the zoning district in which the adjustment is located;

2. Regulations or requirements related to accessibility, fire ingress or egress, safety, tree planting, hazardous or contaminated site remediation, wildlife protection, affordability, or statewide land use goals related to natural resources and natural hazards;

3. A complete waiver of regulations or any changes beyond the explicit requested and allowed adjustments in subsections B and C of this section; and

4. Deviations from requirements related to implementation of building or fire codes, federal or state air, water quality or surface, ground or stormwater requirements, or requirements of any federal, state or local law other than a land use regulation.

B. General Adjustments.

1. Applicability. General adjustments are minor modifications to code standards that are intended to provide reasonable flexibility for planned development with the exception of housing developments that meet all of the standards and criteria in Section 17.13.400(B). The community development director or designee may adjust the following standards using a Type II procedure set forth in Section 17.05.300:

a. Setbacks. Up to a ten percent change to a minimum/maximum setback.

b. Lot Coverage. Up to a ten percent increase to the maximum lot coverage.

c. Lot Dimensions. Up to a ten percent decrease to minimum lot dimensions.

d. Lot Area. Up to a ten percent decrease to minimum lot area.

e. Other Standards. Up to a ten percent increase or decrease in a quantitative (numerical) standard not listed above. Adjustments do not apply to building code requirements, engineering design standards, public safety standards, or standards implementing state or federal requirements as determined by the community development director or designee.

2. Approval Criteria. The community development director or designee may grant an adjustment upon finding that all of the following criteria are met. The burden is on the applicant to demonstrate compliance with all of the criteria below:

a. The adjustment allows for a site and building plan that does not create a substantial conflict with adjacent uses when compared to development that would be permitted without the adjustment.

b. The adjustment is necessary to allow for normal interior building functions, such as mechanical equipment/utility closets, heating and ventilation systems, restrooms, stockrooms, shelving, and similar interior building functions;

c. Approval of the adjustment does not create (a) violation(s) of any other adopted ordinance or code standard, and does not create the need for a variance;

d. An application for an adjustment is limited to one preexisting lot per application;

e. Requests for more than one adjustment on the same lot shall be consolidated on one application and reviewed concurrently by the city;

f. Not more than two adjustments may be approved for one lot or parcel; and

g. All applicable building code requirements and engineering design standards shall be met. (Ord. 2120 §11, 2024).

The standards and criteria below respond to mandatory requirements to adjust housing development standards pursuant to SB 1537.

A. Applicability. Housing adjustments are distinct deviations from development and design standards provided in this section. The community development director housing development adjustment requests using Type II procedures set forth in Section 17.05.300, except that notice of decision is mailed only to the applicant when an application is denied and only the applicant may appeal the decision. An application qualifies for a housing adjustment under this section only when all of the following conditions are met:

1. The application is for a building permit or Type III (quasi-judicial), Type II (limited) or Type I (ministerial) land use decision;

2. The housing development site is zoned for residential uses, including mixed-use;

3. The residential density is at least six units per net acre;

4. The development is within the urban growth boundary on lands that have been annexed into the city;

5. The development provides new housing units within a new housing development including:

a. Single-family or multifamily dwellings;

b. Mixed-use residential projects where at least seventy-five percent of the developed floor area will be used for residential uses;

c. Manufactured dwelling parks;

d. Accessory dwelling units; or

e. Middle housing as defined in ORS 197A.420;

6. The application requests no more than ten adjustments to the development and design standards in Section 17.13.200(C)(2) and meet at least one of the approval criteria listed in Section 17.13.200(C)(3). Where a development standard includes multiple design or development components, each component standard shall be counted as an individual adjustment.

7. The application provides facts and evidence that demonstrate how at least one of the following criteria apply to the requested adjustments:

a. Are necessary to enable housing development that is not otherwise feasible due to cost or delay resulting from the unadjusted land use regulations;

b. Are necessary to reduce sale or rental prices per residential unit;

c. Result in increased number of housing units within the housing development above what would occur without the requested adjustments;

d. All of the units in the housing development are subject to an affordable housing covenant as described in ORS 456.270 through 456.295, making them affordable to moderate-income households as defined in ORS 456.270 for a minimum of thirty years;

e. Enable provision of accessibility or visitability features in housing units that are not otherwise feasible due to cost or delay resulting from the unadjusted land use regulations; or

f. All of the units in the housing development are subject to a zero equity, limited equity or shared equity ownership model including resident-owned cooperatives and community land trusts making them affordable to moderate income households as described in ORS 456.270 through 456.295 for a period of ninety years.

B. Development and Design Standard Adjustments. Adjustments to qualified housing developments pursuant to subsection A of this section shall be granted to the following development and design standards:

1. Setbacks. Up to a ten percent change to a minimum/maximum setback.

2. Common Area, Open Space or Other Landscape Area. Up to a twenty-five percent reduction in the common area, open space or other area required to be landscaped.

3. Minimum Lot Size and Dimensions. Up to a ten percent decrease to minimum lot size and up to a ten percent decrease to minimum lot width or depth requirements.

4. Maximum Lot Size. Up to a ten percent increase to maximum lot size and up to a ten percent increase to maximum lot width or depth only if the adjustment results in:

a. More dwelling units than would be allowed without the adjustment; and

b. No reduction in density below the applicable minimum density.

5. Lot Coverage. Up to a ten percent increase in building lot coverage.

6. Manufactured dwelling parks, middle housing as defined in ORS 197A.420, Multifamily and mixed use residential housing.

a. Bicycle Parking. Minimum bicycle parking may be reduced to one-half space per unit; provided, that bicycle parking is lockable, covered and located within or adjacent to the housing development site;

b. Middle Housing. Other than cottage clusters, middle housing types defined in ORS 197.420A may increase maximum building height beyond applicable height bonuses, if any, up to one story or twenty percent of the base zone height.

7. Maximum Density. The maximum density may be exceeded no more than an amount necessary to account for other adjustments granted under this section;

8. Residential Use in Mixed Use Buildings. An adjustment shall be granted to allow:

a. Residential use on the ground floor of a commercial mixed use building except that one building within mixed-use development that fronts and is within twenty feet of the street; and

b. Nonresidential uses that support residential uses including lobbies, day care, passenger loading, community rooms, exercise facilities, offices, activity spaces or live-work spaces shall be allowed unless specifically and clearly defined mixed-use areas or commercial corridors designated by local governments prohibit them;

9. Design Standards.

a. Facade materials, color or pattern;

b. Facade articulation;

c. Roof form and material requirements;

d. Garage door orientation unless the building is adjacent to or across from a school or public park;

e. Window materials, except for bird-safe glazing requirements;

f. Up to a thirty percent decrease in total window area provided at least twelve percent of the primary facade consists of window area;

g. Manufactured dwelling parks, middle housing as defined in ORS 197A.420, multifamily housing and mixed-use residential may adjust the following design standards:

i. Building orientation requirements, not including transit street orientation requirements;

ii. Building height transition requirements that are not more than a fifty percent adjustment from the base zone;

iii. Requirements for balconies and porches; and

iv. Requirements for recesses and offsets. (Ord. 2120 §11, 2024).

A. Applicability. A variance is an exception to a code standard that does not otherwise conform to the provisions of Section 17.13.300 and that meets all of the criteria in subsection B of this section.

B. Approval Criteria. Variance requests are reviewed using a Type III procedure in accordance with Section 17.05.400. Approval of a variance must be based upon finding that all of the following criteria are met:

1. A hardship to development exists which is unique to the lot size or shape, topography, or other similar circumstances related to the property over which the applicant has no control, and which are not applicable to other properties in the vicinity (e.g., the same zoning district);

2. The variance is the minimum necessary to address the special or unique physical circumstances that creates the hardship;

3. The hardship is not self-imposed;

4. Existing physical and natural systems, such as but not limited to traffic, drainage, natural resources, and parks, will not be adversely affected any more than would occur if the development occurred as specified by the subject code standard;

5. The variance will not be materially detrimental to adjacent property owners or the public; and

6. The variance does not conflict with other applicable city policies or other applicable regulations. (Ord. 2120 §11, 2024).

* Code reviser’s note: Ord. 2120 adds this section as 17.13.300. It has been editorially renumbered to prevent duplication of numbering.

Variance approvals shall expire after two years from the effective date of decision if the project has not been started, as evidenced by building permit approved, and pursued to substantial completion such that the project is nearing certificate of occupancy. The applicant may request a one-year extension in accordance with the applicable land use procedures set forth in Chapter 17.05. (Ord. 2120 §11, 2024).

* Code reviser’s note: Ord. 2120 adds this section as 17.13.300. It has been editorially renumbered to prevent duplication of numbering.