The purpose of this chapter is to allow housing adjustments in accordance with SB 1537(2024) as codified in ORS Chapter 197A.

(Ordinance No. 2222, September 16, 2024)

Applicants submitting applications meeting the requirements of this Chapter 14.51 and all requirements of SB 1537, Section 38(2) may request up to ten "adjustments," as that term is defined and described in SB 1537, Subsections 38(1), (4) and (5) (referred to herein as "housing adiustments"). Each requested housing adjustment must be justified by at least one of the following criteria:

A.

The adjustment will enable development of housing that is not otherwise feasible due to cost or delay resulting from the unadjusted land use regulations;

B.

The adjustment will enable development of housing that reduces the sale or rental prices per residential unit;

C.

The adjustment will increase the number of housing units within the application;

D.

All of the units in the application are subject to an affordable housing covenant as described in ORS 456.270 to 456.295, making them affordable to moderate income households as defined in ORS 456.270 for a minimum of 30 years;

E.

At least 20 percent of the units in the application are subject to an affordable housing covenant as described in ORS 456.270 to 456.295, making them affordable to low-income households as defined in ORS 456.270 for a minimum of 60 years;

F.

The adjustments will enable the provision of accessibility or visitabilitv features in housing units that are not otherwise feasible due to cost or delay resulting from the unadjusted land use regulations; or

G.

All of the units in the application 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 to 456.295 for a period of 90 years.

(Ordinance No. 2222, September 16, 2024)

An applicant shall support each requested housing adjustment with a statement explaining how the requested adjustment meets at least one of the criteria established in Section 14.51.010. Such explanations may include, but are not limited to:

A.

Design plans that compare project designs with and without the adjustment showing that the requested adjustment is necessary to increase the number of units within the project.

B.

Financial analyses showing the costs of the project with and without the adjustment and showing that the proposed adjustment is either:

1.

Essential to ensure the overall project feasibility; or

2.

Will meaningfully reduce the sale price and/or rents of the project for future occupants.

C.

Where cost savings are proposed, a description of how savings associated with the adjustment will be passed onto future purchasers or renters of the project.

D.

Legal documents regarding how the affordability provisions justifying the adjustment will be maintained for the periods listed in Subsection 14.51.010 (D), (E) and (G), if applicable.

(Ordinance No. 2222, September 16, 2024)

A.

An application for each requested housing adjustment is required in addition to any other land use application required for the proposed project. Applicants may choose to consolidate one or more housing adjustment applications, including any land use action required for the project.

B.

A property owner may initiate a housing adjustment application by submitting:

1.

An application on forms provided by the city.

2.

A statement identifying the criterion established in Section 14.51.010 met by the proposal.

3.

Submittals satisfying Section 14.51.015 that conclusively demonstrate that the proposed adjustment meets the identified criterion.

4.

An application fee, as established by Council resolution.

C.

A housing adjustment application shall be processed as a limited land use decision, in accordance with SB 1537, Section 38(3) and ORS 197.195. Such review procedures include, but are not limited to:

1.

Written notice to property owners within 100 feet of the subject property.

2.

Fourteen-day written comment period prior to decision issuance.

3.

Only the applicant may appeal the decision.

4.

Any appeal is filed as outlined in Subsection 14.52.100, and shall be heard by the Newport Planning Commission.

5.

Housing adjustment appeal hearings shall be consolidated with any associated public hearing required for the project, unless the applicant requests separate hearings.

(Ordinance No. 2222, September 16, 2024)

Adjustments to development and design standards, as required by SB 1537 and available under this chapter, may not be combined with or added to any other adjustment available elsewhere under the provisions of Title XIV of the Newport Municipal Code.

(Ordinance No. 2222, September 16, 2024)

This chapter is operative effective January 1, 2025, through January 2, 2032, unless the sunset date is modified by the Oregon Legislature.

(Ordinance No. 2222, September 16, 2024)