A.

For the purpose of this Ordinance, the City of Portland is hereby divided into the following districts:

B.

The location and boundaries of the districts established here are shown on the Official Zoning Map, which is hereby incorporated into this Ordinance. The Map, together with all its notations, references and other information and any amendments, shall be as much a part of this Ordinance as if fully set forth and described here. The Official Zoning Map is on file in the Office of the City Secretary, and copies are available from the Building Department.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2094, § 1, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

It shall be the duty of the Administrative Official to keep the Official Zoning Map current by entering on such map any changes which the City Council may from time to time order by amendments to this Ordinance and the Map.

B.

The City Secretary, upon the adoption of this Ordinance shall affix a certificate identifying the Map as the "Official Zoning Map of the City of Portland" with the appropriate effective date.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2065, § 1, 2-5-13)

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Official Zoning Map, the following rules apply:

A.

The district boundaries are either streets or alleys unless otherwise shown, and where the district designated on the Map is bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

B.

Where property has been divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the Map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts.

C.

In any un-subdivided property, the district boundary lines on the Map shall be determined by use of the scale appearing on the map. The property being subdivided shall adhere to the district boundary lines on the Map.

D.

Where the streets, alleys, or lot lines on the ground differ from lines as shown on the Map, the streets, alleys, or lot lines on the ground shall control.

(Ord. No. 1001, § 1, 12-21-99)

A.

All territory annexed to the City of Portland after the effective date of this Ordinance shall be classified in accordance with the City of Portland Comprehensive Plan, generally as recommended for consideration below.

1.

Property that is designated "A" on the Comprehensive Plan's "Figure 52. Residential Density Map" shall be classified as R-2, Single-Family Residential.

2.

Property that is designated as "B" on "Figure 52. Residential Density Map" shall be classified as R-6, Single-Family Residential.

3.

Property that is designated as "C" on "Figure 52. Residential Density Map" shall be classified as R-7, Single-Family Residential.

4.

Property that is designated as "D" on "Figure 52. Residential Density Map" shall be classified as R-8, Single-Family Residential or R-8D, Two-Family Residential District.

5.

Property that is designated as "E" on "Figure 52. Residential Density Map" shall be classified as R-8, Single-Family Residential; R-8D, Two-Family Residential District; or R-15, Townhome Residential District.

6.

Any property not identified on the "Figure 52. Residential Density Map" shall be classified as R-6, Single-Family Residential.

B.

Zoning may be approved simultaneously with annexation; however, a recommendation from the Planning and Zoning Commission and action by the City Council must occur in accordance with Sec. 318.

1.

If zoning is not approved at the time of annexation, then as soon as practicable after annexation of any territory, the Planning and Zoning Commission shall recommend to the City Council a plan for zoning in the area.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2094, § 2, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

A.

Purpose. Zoning district intent statements are provided for the following purposes:

1.

To indicate the general nature of permitted and prohibited uses;

2.

To indicate the nature and intensity of uses permitted;

3.

To assist with interpretation of ordinance requirements applicable to a specific zoning district;

4.

To indicate the necessity for adequate public services, including roads, potable water, sanitary sewer, drainage, etc.; and

5.

To minimize or mitigate any adverse impacts, such as noise, dust, glare, vibration, etc., between and among uses located within the same zoning district.

B.

R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential, and R-8, Single-Family Residential Districts. The intent of these districts is to provide, consistent with the City's comprehensive plan, for the location of single-family residential uses in areas where such uses will be protected from commercial and industrial intrusions and compatible with surrounding land uses. The maximum density for R-2, Single-Family Residential shall be two (2) dwelling units per acre; R-6, Single-Family Residential shall be six (6) dwelling units per acre; for R-7, Single-Family Residential, seven (7) units per acre; and for R-8, Single-Family Residential, eight (8) units per acre.

C.

R-8D, Two-Family Residential District. The intent of this district is to provide, consistent with the City's comprehensive plan, for the location of single-family dwellings and two-family dwellings (duplexes) in areas where such uses will be protected from and compatible with surrounding land uses. The R-8D, Two-Family Residential district, may be used as a transitional district between the R-6, Single-Family Residential, R-7, Single-Family Residential, or R-8, Single-Family Residential districts and higher density residential districts. The maximum density for the R-8D, Two-Family Residential district, shall be eight (8) dwelling units per acre.

D.

R-15, Townhouse Residential District. The intent of this district is to provide, consistent with the City's comprehensive plan, the location of townhouse units on individual platted lots, in areas where such uses will be protected from and compatible with surrounding land uses. The R-15, Townhouse Residential district may be used as a transitional district between the R-6, Single-Family Residential, R-7, Single-Family Residential, or R-8, Single-Family Residential districts and higher density residential or nonresidential districts. The maximum density for the R-15, Townhouse Residential district shall be fifteen (15) dwelling units per acre.

E.

RMH, Manufactured Housing District. The intent of this district is to recognize, consistent with the City's comprehensive plan, locations where manufactured housing is compatible with surrounding residential and nonresidential land uses. The maximum density for the RMH, Manufactured Housing district is six and one-half (6.5) dwelling units per acre. This district may be used as a buffer between other residential districts and nonresidential districts.

F.

R-20, Multifamily Residential District. The intent of this district is to recognize, consistent with the City's comprehensive plan, locations where multifamily housing is compatible with surrounding residential and nonresidential land uses. The maximum density for the R-20, Multifamily Residential district, shall be twenty (20) units per acre. This district may be used as a transitional district between lower density residential districts and nonresidential districts.

G.

RST, Multifamily Resort District. The intent of this district is to provide, consistent with the City's comprehensive plan, locations for high density single-family and multifamily residential uses, hotel and motel accommodations, marinas, and other recreational facilities for residents and visitors. The maximum density for single-family and two-family units in the RST, Multifamily Resort district, shall be nine (9) units per acre, and twenty-five (25) units per acre for multifamily dwelling units. The maximum density for hotel/motel rooms shall be twenty-five (25) rooms per acre.

H.

P, Professional Office District. The intent of this district is to provide, consistent with the City's comprehensive plan, locations for professional offices, medical facilities, limited retail uses and even more limited commercial activities.

I.

C-R, Retail Commercial District. The intent of this district is to provide, consistent with the City's comprehensive plan, locations for retail uses throughout the community without the intrusion of more intensive general commercial uses.

J.

C-G, General Commercial District. The intent of this district is to provide, consistent with the City's comprehensive plan, locations for retail and commercial activities of a more intense nature that serve the general community.

K.

OT-1, Olde Town Residential District. The intent of this district is to recognize, consistent with the City's comprehensive plan, the unique potential of this historic center of the community, to promote low density residential development and permit medium to high density residential development when conditions are suitable. The maximum residential density for the OT-1, Olde Town Residential district, shall be twenty (20) units per acre. Overnight accommodations are prohibited in their entirety within the OT-1, Olde Town Residential district.

L.

OT-2, Olde Town Mixed Use District. The intent of this district is to recognize, consistent with the City's comprehensive plan, the unique potential of this historic center of the community, and to encourage retail, entertainment, commercial and residential activities to attract both tourists and residents. Uses that do not create activity, such as warehousing or industrial uses, are discouraged. The maximum residential density for the OT-2, Olde Town Mixed Use district, shall be twenty (20) units per acre.

M.

I, Industrial District. The intent of this district is to provide, consistent with the City's comprehensive plan, locations for light industrial, light manufacturing, and commercial activities that are either too intensive for more restrictive zoning districts or create nuisances. I, Industrial districts are to be located adjacent to major transportation facilities, including freeways, arterials, collectors, railroads, etc. I, Industrial districts are to provide additional setback or buffer areas to minimize objectionable impacts on adjacent property.

N.

LED-O, Leisure and Entertainment District Overlay. The intent of this district is to implement the vision of the City's Leisure and Entertainment District, which was adopted in 2022. The LED-O seeks to revitalize the City's historic Olde Town area, transforming it into a vibrant hub that benefits all Portland residents by enhancing economic vitality and cultural richness. The district will feature a mix of leisure and entertainment venues, including restaurants, theaters, and cultural attractions to create a distinctive atmosphere for residents and visitors alike. By promoting commercial property development and increasing sales tax revenues, the LED-O will contribute to Portland's overall economic growth, ultimately lightening the tax burden on residents. See supplemental regulations in Sec. 515.

O.

PUD, Planned Unit Development District. The intent of this district is to encourage, consistent with the City's comprehensive plan, the use of innovative and creative development techniques to benefit the City and to provide a mixture of residential and nonresidential uses in a manner that preserves natural resources, encourages non-vehicular circulation, provides a sense of community, and allows the use of flexible development standards.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 2005, § 1, 5-5-09; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2094, § 3, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

The table in this section shall be used to determine the uses which are allowed in each district.

"P" indicates that the use is permitted by right and only a Building Permit or a Certificate of Occupancy is required (see Section 305 and Section 306).

"SP" indicates that the use requires a Special Use Permit before a Building Permit or Certificate of Occupancy can be issued. The procedure for obtaining a Special Use Permit is set forth in Section 315.

If the space is blank, the use is not permitted in that district.

[This Permitted Use Table shall not supersede or negate any other City, County, State, or Federal Statute which regulates certain activities. See Section 105.]

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1026, § 1, 2-20-01; Ord. No. 1076, § 2, 6-17-03; Ord. No. 1134, § 1, 10-4-05; Ord. No. 1181, § 1, 11-6-07; Ord. No. 1191, § 1, 9-2-08; Ord. No. 1195, § 1, 9-16-08; Ord. No. 2005, § 2, 5-5-09; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2079, § 6, 11-5-13; Ord. No. 2087, § 1, 5-6-14; Ord. No. 2094, § 4, 10-7-14; Ord. No. 2146, § 2, 1-3-17; Ord. No. 2160, § 1, 3-6-18; Ord. No. 2238, § II, 7-6-21; Ord. No. 2251, § 1, 11-2-21; Ord. No. 2256, § 1, 2-15-22; Ord. No. 2257, § 1, 2-15-22; Ord. No. 2306, § 1(Att.), 5-6-25)

When a proposed use is not listed in the Permitted Use Table, the Administrative Official shall determine if the proposed use is allowed in a particular district and if the proposed use requires a Special Use Permit. In order to do that, the Administrative Official shall use the intent statement of the particular district the proposed use would be conducted in and compare the characteristics of the proposed use to the other uses listed in the same district of the Permitted Use Table. Comparison of proposed and listed uses shall focus on the following characteristics:

A.

Relative amount of site area or floor space and fixed equipment.

B.

Relative amount of sales.

C.

Type of customers.

D.

Relative number of employees.

E.

Days and hours of operation.

F.

Building and site arrangement.

G.

Vehicles, rolling equipment, trailers and portable equipment used.

H.

Relative number of vehicle trips generated and parking.

I.

Building and site storage.

J.

Likely impact on surrounding properties.

K.

Whether the activity is likely to be found independent of the other uses on the site.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1134, § 1, 10-4-05)

Accessory uses are allowed by right in conjunction with a principal use. Accessory uses are subject to the same regulations as the principal use.

(Ord. No. 1001, § 1, 12-21-99)

A.

The area, width, required yards and maximum height regulations for each district are shown in the following table.

NOTES:

— = No applicable regulations.

¹ See Sec. 410 and Sec. 709.

B.

Easements. No building or structure (other than fences and driveways legally permitted in advance) shall be erected or maintained within any rear yard easement (see Section 410.H below). No building or structure (other than fences and driveways legally permitted in advance) shall be erected or maintained in any easement. Exceptions follow:

1.

Accessory buildings no larger than one hundred twenty (120) square feet in area may be placed in easements in which there are no City utilities, with the written consent of all other entities operating utilities within such easements and a permit.

2.

The City Council may authorize other exceptions on a case by case basis through the execution of a use privilege agreement.

C.

Multiple Buildings on a Single Lot. More than one industrial, commercial, or institutional building may be erected upon a single lot or tract, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings nor shall there be any change in the intensity of use regulations.

D.

Government buildings, school buildings, necessary utility structures, churches and similar institutional facilities. Government buildings, school buildings, necessary utility structures, churches and similar institutional facilities may exceed the maximum building height of the zoning districts in which they are located.

E.

Chimneys, cooling towers, elevators, bulkheads, water towers, stacks, stage towers, ornamental towers and similar structures. Chimneys, cooling towers, elevators, bulkheads, water towers, stacks, stage towers, ornamental towers and similar structures may exceed the maximum building height of the zoning districts in which they are located if approved by the Administrative Official.

F.

Nonresidential buildings in the RST, Multifamily Resort, P, Professional Office, C-R, Retail Commercial, C-G, General Commercial and I, Industrial districts that exceed a height of ten (10) feet. Nonresidential buildings in the RST, Multifamily Resort, P, Professional Office, C-R, Retail Commercial, C-G, General Commercial and I, Industrial districts that exceed a height of ten (10) feet shall increase their side and/or rear setbacks two (2) additional feet for every one (1) foot of additional height if single-family dwellings abut the lots on which they are located.

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1140, § 1, 1-17-06; Ord. No. 1183, § 1, 12-4-07; Ord. No. 2005, § 3, 5-5-09; Ord. No. 2017, § 1, 5-18-10; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2094, § 5, 10-7-14; Ord. No. 2256, § 2, 2-15-22; Ord. No. 2306, § 1(Att.), 5-6-25)

The following regulations supplement or modify the regulations in Section 409.

A.

Structures in Required Yards. Every part of a required yard shall be open to the sky and unobstructed, except as expressly set forth below.

1.

Ordinary projection of sills, belt courses, cornices, eaves and ornamental features may encroach a maximum of twenty-four (24) inches into required yards.

2.

Accessory buildings may encroach into required yards as regulated by H below.

3.

No porches, wing walls, or patio enclosures may encroach into required yards.

B.

Measurement of Yard Line. Where the road is curved, the setback (yard) line shall be parallel to the curve of the road and not a straight line.

C.

Platted Building Lines. Where a building line has been established by a properly recorded subdivision plat and such building line is different than the required yard established in the table above, the front, side and rear yards shall comply with the building line established by the plat.

D.

Front Yards and Corner Lots.

1.

No structure shall be permitted in a required front yard except for the following.

a.

Driveways and walks connecting the building with the public right-of-way;

b.

Certain fences as permitted by Sec. 707. Fences;

c.

Other required incidental structures such as mailboxes, lighting fixtures, and similar structures; and

d.

In the R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential, R-8, Single-Family Residential, R-8D, Two-Family Residential and RST, Multifamily Resort (Single and Two Family dwellings only) districts, structures (driveways and walks) permitted in the front yard shall not cover more than sixty-five (65) percent of the front yard.

2.

Setback Averaging. When thirty (30) percent or more of the lots within a single block and on the same side of the street are improved with buildings that observed a smaller front yard than specified for the district, then any new building may be located between the point closest to the street line of the building on either side of the proposed building and the established front yard line for the district. This standard shall not apply where platted building lines exist.

3.

Double Frontage Lots. Double frontage lots, as defined in Chapter 10. Definitions, must have the required front yard on both streets. This requirement shall not apply to existing lots of record or lots, which are in a subdivision described in Section 109.A.

4.

Corner Lots.

a.

A corner lot shall have one front yard as required by the table above, and a side yard adjacent to the street of not less than fifteen (15) feet, except in the R-8, Single-Family Residential, OT-1, Olde Town Residential, and OT-2, Olde Town Mixed Use districts, where only a ten (10) foot side yard shall be required. A side yard adjacent to a street may be reduced as necessary to maintain a forty (40) foot width between side yards, however in no case shall the side yard be reduced to less than five (5) feet. No accessory building shall project beyond the required yard line along any street. No structure shall be built within the "vision triangle" as defined in Chapter 10.

5.

Garage Access for Corner Lots. Where a garage entrance accesses directly (straight in) upon a side street, the building line for the garage structure shall be a minimum of twenty (20) feet from the side street property line. When a corner lot abuts a major thoroughfare or arterial street, there shall be no driveway or garage entrance on such street.

E.

Side Yards.

1.

A side yard shall be provided on each side of a building in accordance with Section 409, except on a lot of record where the requirement in the table above would reduce the width between setbacks to less than forty (40) feet. In such case, the side yards may be reduced as necessary to maintain the minimum forty (40) foot width between side yards, but in no case shall the side yard be reduced to less than five (5) feet.

2.

For the purpose of side yard regulations, a two-family or multifamily dwelling shall be considered as one building occupying one lot.

3.

No structure shall be permitted in a required side yard except for the following:

a.

Driveways and walks;

b.

Fences in accordance with Section 707; and

c.

Accessory buildings in accordance with subsection H.7. below.

F.

Rear Yards.

1.

When a lot of record at the time of passage of this Ordinance is smaller than herein required, the rear yard shall either be in accord with Section 409, or not less than twenty (20) percent of the depth of the lot, whichever amount is smaller.

2.

Accessory buildings may be placed in the required rear yard in accordance with H below.

3.

In the R-2, Single-Family Residential, R-6, Single-Family Residential, R-7, Single-Family Residential, R-8, Single-Family Residential, R-8D, Two-Family Residential, and RST, Multifamily Resort (Single and Two Family dwellings only) districts, structures (porches, patios, walks, driveways, accessory buildings and swimming pools) permitted in the rear yard shall not cover more than forty (40) percent of the rear yard without a drainage plan approved by the Administrative Official.

G.

Swimming Pools. No swimming pool shall be constructed until a permit for the principal use or structure has been obtained. The outside walls of a swimming pool or hot tub shall not project beyond the required yard line along any street. The outside walls of a swimming pool or hot tub must be at least three (3) feet from side and rear property lines.

1.

Additional Provisions for In-Ground Pools. The outside walls of an in-ground swimming pool or hot tub shall also keep at least one (1) foot of horizontal distance to each one (1) foot of depth from any structure, easement, or property line (unless plans and a report are prepared by a Professional Engineer).

H.

Accessory Buildings.

1.

Accessory buildings shall not be constructed until a permit for the principal use or structure has been obtained.

2.

Accessory buildings shall not be used for dwelling purposes. See Sec. 517 Accessory Dwelling Units for dwelling provisions.

3.

Detached accessory buildings shall not exceed twelve (12) feet in height unless the properties upon which they are being constructed are one (1) acre in area or larger. Detached accessory buildings being constructed upon such acreage lots shall not exceed twenty (20) feet in height.

4.

Accessory buildings (attached or detached) may occupy up to twenty-five (25) percent of the required rear yard.

5.

Accessory buildings shall not project beyond the required front or side yard line along any street.

6.

Attached accessory buildings shall maintain the same side yard setback as required for the main structure.

7.

A detached accessory building located in the rear yard of a property shall not be located closer than three (3) feet from the side or rear property line. When there is not a required side or rear yard, the building may be placed up to the property line (see Section 409.B).

(Ord. No. 1001, § 1, 12-21-99; Ord. No. 1026, § 1, 2-20-01; Ord. No. 1140, § 1, 1-17-06; Ord. No. 2017, § 2, 5-18-10; Ord. No. 2031, § 1, 11-2-10; Ord. No. 2065, § 1, 2-5-13; Ord. No. 2094, § 6, 10-7-14; Ord. No. 2306, § 1(Att.), 5-6-25)

Editor's note— Ord. No. 1140, § 1, adopted Jan. 17, 2006, repealed § 411 in its entirety. Formerly, said section pertained to supplementary height regulations as enacted by Ord. No. 1001, § 1, adopted Dec. 21, 1999.