The regulations of Title 10 are designed to implement the goals and policies of the Comprehensive Plan. These regulations apply City-wide, but because of the City's diversity, some sites are difficult to develop in compliance with the regulations. The adjustment review process provides a mechanism by which the regulations in Title 10 may be modified if the proposed development continues to meet the intended purpose of those regulations. Adjustments may also be used when strict application of Title 10 regulations would preclude all use of a site. Adjustment reviews provide flexibility for unusual situations and allow for alternative ways to meet the purposes of the code, while allowing Title 10 to continue to provide certainty and rapid processing for land use applications.
Mandatory adjustments required under Section 38 of Oregon Senate Bill 1537 (2024) and any successor statutes or DLCD rules implementing mandatory adjustments are incorporated into this Article. Decisions on such mandatory adjustments are limited land use decisions under Section 38(3) of Senate Bill 1537 and ORS 197.195 and, under this Title, are processed using a ministerial procedure without a local evidentiary hearing or mailed notice to persons other than the applicant, and are appealable only by the applicant as provided in state law. Where any conflict arises between this Article and state law, the state provisions shall control.
(Ord. 19-1373; Ord. 26-1424, 1/12/2026)
A. 
Unless listed in subsection B of this section, all regulations in Title 10 may be modified using the adjustment review process.
B. 
Adjustments are prohibited for the following items:
1. 
To allow a primary or accessory use that is not allowed by the regulations;
2. 
As an exception to any restrictions on uses or development which contain the word "prohibited";
3. 
As an exception to a threshold for a review. An example is Section 10.3.050.110. That provision states that an increase in the gross floor area of more than 10% or in excess of 1,000 square feet requires a major modification process. An adjustment could not be granted to allow an increase of 1,100 square feet as a minor modification;
4. 
As an exception to a definition or classification. An example is a family day care which is defined as care of 16 or fewer children. An adjustment could not be granted to change the number of children within that definition to be 17;
5. 
As an exception to the procedural steps of a procedure or to change assigned procedure.
C. 
Ministerial SB 1537 Adjustments. The ministerial adjustment procedure described in this subsection may be used to modify the following development standards and requirements for qualifying residential development under Section 10.3.080.030.A:
1. 
General Applicability. Mandatory housing adjustments under Section 38 of Oregon Senate Bill 1537 and any subsequently codified statutes or DLCD rules implementing mandatory adjustments apply in addition to the existing administrative and quasi-judicial adjustment processes and are available for eligible housing developments meeting the criteria below.
2. 
Eligible Applicants and Developments. An application qualifies for a mandatory SB 1537 adjustment only if all of the following are met:
a. 
The application is for a building permit or a quasi-judicial, limited, or ministerial land use decision.
b. 
The proposed development is on lands zoned for residential uses, including mixed-use residential, at densities of at least six dwelling units per net residential acre, consistent with ORS 197A.420(2).
c. 
The development is within an urban growth boundary, excluding lands that have not been annexed by a city.
d. 
The development consists of net new housing units in new construction projects, including:
i. 
Single-family dwellings.
ii. 
Middle housing as defined in ORS 197A.420.
iii. 
Multifamily dwellings.
iv. 
Mixed-use residential developments where at least 75% of floor area is residential.
v. 
Manufactured dwelling parks.
vi. 
Accessory dwelling units.
e. 
The application requests no more than 10 distinct adjustments to eligible development or design standards. For purposes of this section, a "distinct adjustment" means an adjustment to one of the listed development standards. Where a standard includes multiple component standards, each discrete adjustment to a component shall count as a separate distinct adjustment.
3. 
Eligible Adjustments of Development Standards. The City shall grant an adjustment to the following development standards. All numeric adjustments in this section, including setbacks, lot sizes, lot widths and depths, lot coverage, parking, and building height, shall be rounded consistent with Section 10.6.070.020.
a. 
Up to 10% reduction of side and rear setbacks.
b. 
Up to 25% reduction of common area, open space, or landscaping for an individual development project.
c. 
Full adjustment of parking minimums.
d. 
Up to 10% reduction of minimum lot sizes, widths, and depths.
e. 
Up to 10% adjustment of maximum lot sizes, widths, and depths, if it increases dwelling units and does not reduce density below the minimum.
f. 
Up to 10% adjustment in building lot coverage.
g. 
For manufactured dwelling parks, middle housing as defined in ORS 197A.420, multifamily housing and mixed-use residential housing
i. 
Requirements for bicycle parking that establish:
(a) 
The minimum number of spaces for use by the residents of the project, provided the application includes at least one-half space per residential unit; or
(b) 
The location of the spaces, provided that lockable, covered bicycle parking spaces are within or adjacent to the residential development.
ii. 
For uses other than cottage clusters, as defined in ORS 197A.420(1)(c)(D), building height maximums that:
(a) 
Are in addition to existing applicable height bonuses, if any; and
(b) 
Are not more than an increase of the greater of:
(1) 
One story; or
(2) 
A 20% increase to base zone height with rounding consistent with methodology outlined in the City Code, if any;
h. 
Prohibitions, for the ground floor of a mixed-use building, against:
i. 
Residential uses except for one face of the building that faces the street and is within 20 feet of the street;
ii. 
Nonresidential active uses that support the residential uses of the building, including lobbies, day care, passenger loading, community rooms, exercise facilities, offices, activity spaces or live-work spaces, except for active uses in specifically and clearly defined mixed use areas or commercial corridors designated by local governments.
4. 
Eligible Adjustments of Design Standards. The City shall grant an adjustment to the following design standards:
a. 
Facade materials, color or pattern.
b. 
Facade articulation.
c. 
Roof forms and materials.
d. 
Entry and garage door materials.
e. 
Garage door orientation, unless the building is adjacent to or across from a school or public park.
f. 
Window materials, except for bird-safe glazing requirements.
g. 
Total window area, for up to a 30% adjustment, provided the application includes at least 12% of the total facade as window area.
h. 
For manufactured dwelling parks, middle housing as defined in ORS 197A.420, multifamily housing and mixed-use residential:
i. 
Building orientation requirements, not including transit street orientation requirements.
ii. 
Building height transition requirements, not more than a 50% adjustment from the base zone.
iii. 
Requirements for balconies and porches.
iv. 
Requirements for recesses and offsets.
5. 
Eligibility Based on Housing Affordability or Features. The application must demonstrate at least one of the following, as defined in ORS 456.270:
a. 
Adjustments make development feasible by reducing cost or delay.
b. 
Adjustments reduce the sale or rental prices per unit.
c. 
Adjustments increase the number of housing units.
d. 
All units are subject to affordable housing covenants for moderate income households for at least 30 years.
e. 
At least 20% of units are affordable to low income households under covenant for at least 60 years.
f. 
Adjustments enable accessibility or visitability features not otherwise feasible.
g. 
All units are part of zero, limited, or shared equity ownership models, including resident-owned cooperatives or community land trusts, for at least 90 years.
6. 
Application and Review.
a. 
The completeness of the application is determined consistent with ORS 197A.420 and may be concurrent with other building or land use permits.
b. 
A decision on a ministerial SB 1537 adjustment is appealable only by the applicant. If the application is denied, no notice of decision is required other than notice to the applicant. Mandatory housing adjustment decisions are appealable only by the applicant.
c. 
Denials must include a brief written statement referencing relevant criteria, facts relied upon, and justification.
D. 
The administrative adjustment procedure may be used to change the following:
1. 
Up to 33% reduction of standard setback requirements.
2. 
Up to 10% reduction in lot width or depth requirements, but not less than a minimum width of 35 feet in a residential zone and a minimum depth of 50 feet in a residential zone.
3. 
Up to 10% reduction in required minimum lot area.
4. 
Up to 10% increase in the maximum lot coverage area.
5. 
Up to 10% increase in maximum height requirements for accessory structures, but height cannot exceed the height of the primary structure.
6. 
Up to 25% reduction in off-street parking requirements, however no adjustment is allowed for parking requirements of 20 or more spaces.
7. 
Up to 20% adjustment to a standard in Section 10.3.030.040.E.3: Multifamily design standards.
E. 
The quasi-judicial adjustment process may be used to change the following items:
1. 
Up to 50% reduction in standard setback requirements.
2. 
Up to 20% reduction in lot width or depth requirements, but not less than a minimum width of 35 feet in a residential zone and a minimum depth of 50 feet in a residential zone.
3. 
Up to 20% reduction in required minimum lot area.
4. 
Up to 20% increase in the maximum lot coverage area.
5. 
Up to 20% increase in maximum height requirements for accessory structures, but height cannot exceed the height of the primary structure.
6. 
Up to 50% reduction in off-street parking requirements, however no adjustment is allowed for parking requirements of 20 or more spaces.
7. 
One- and two-family dwellings may qualify for a quasi-judicial adjustment exempting them from meeting the requirements of Section 10.5.010.060. Factors to be considered include the following: lots exceeding the minimum size; difference in elevation between building site and street; slope of lot; setback from street; difficult access from the street, and other relevant factors. If approved, the Hearings Officers may require additional landscaping, among other conditions, to reduce the effect on the view from the street.
8. 
Adjustment of more than 20% to a standard in Section 10.3.030.040.E.3: Multifamily design standards.
(Ord. 19-1373; Ord. 21-1384; Ord. 26-1424, 1/12/2026)
A. 
Mandatory Adjustments Under State Law. The City shall approve an adjustment to the development and design standards listed in this Article for qualifying residential development where required by Section 38 of Oregon Senate Bill 1537 (2024) and any successor statutes or DLCD rules, upon demonstration that the application meets the applicability and eligibility criteria set forth in this Title and state law. A decision on such an application is a limited land use decision under Section 38(3) of Senate Bill 1537 and ORS 197.195, is processed using the ministerial adjustment procedure in Section 10.3.080.020.C, and is appealable only by the applicant. The City may process such decisions without a local evidentiary hearing or mailed notice to persons other than the applicant. A denial shall include a brief written statement of the relevant criteria, the facts relied upon, and the justification for denial.
B. 
Administrative and Quasi-Judicial Adjustments. Administrative adjustment review procedures shall be the same as those specified for administrative actions in Section 10.3.020.020.B.1. Quasi-judicial adjustment review procedures shall be the same as those for quasi-judicial actions in Section 10.3.020.020.B.2.
(Ord. 26-1424, 1/12/2026)
A. 
A mandatory adjustment under Section 10.3.080.030.A shall be approved upon demonstration that the application meets the applicability and eligibility standards of Section 10.3.080.020, this section, and applicable state law. A denial shall include a brief written statement of the relevant criteria, the facts relied upon, and the justification for denial. Decisions are appealable only by the applicant, consistent with Section 38(3) of Senate Bill 1537 (2024) and any successor statute.
B. 
An administrative adjustment will be approved if the review body finds that the applicant has shown that approval criteria in subsections B.1 through 9 below have been met.
1. 
If in a residential zone, the proposal will not significantly detract from the livability or appearance of the residential area;
2. 
If more than one adjustment is being requested, the cumulative effect of the adjustments results in a project which is still consistent with the overall purpose of the zone;
3. 
City-designated scenic resources and historic resources are preserved;
4. 
Any impacts resulting from the adjustment are mitigated to the extent practical;
5. 
If in an environmental sensitive area, the proposal has as few detrimental environmental impacts on the resource and resource values as is practicable;
6. 
Provide adequate provisions of light, air, and privacy to adjoining property;
7. 
Provide for accessibility, including emergency vehicles, per City standards;
8. 
Result in a development that conforms to the general character of the neighborhood or zone district; and
9. 
If a reduced number of parking is requested, provide adequate parking based on a parking demand analysis, or supplement on-site parking with joint use agreements.
C. 
A quasi-judicial adjustment will be approved if the review body finds that the applicant has shown that approval criteria in subsections C.1 through 7 below have been met.
1. 
Application of the regulation in questions would preclude all reasonable economic use of the site;
2. 
Granting the adjustment is the minimum necessary to allow the use of the site;
3. 
Any impacts resulting from the adjustment are mitigated to the extent practical:
4. 
Provide adequate provisions of light, air, and privacy to adjoining property;
5. 
Provide for accessibility, including emergency vehicles, per City standards;
6. 
Result in a development that conforms to the general character of the neighborhood or zone district; and
7. 
If a reduced number of parking is requested, provide adequate parking based on a parking demand analysis, or supplement on-site parking with joint use agreements.
(Ord. 19-1373; Ord. 26-1424, 1/12/2026)
A. 
Mandatory Adjustments Under State Law. Conditions of approval for mandatory adjustments under Section 10.3.080.030.A shall be limited to clear and objective conditions necessary to ensure compliance with the applicable development standards and with Section 38 of Oregon Senate Bill 1537 (2024) and any successor statutes or DLCD rules. Conditions shall not impose discretionary requirements that would conflict with the clear-and-objective approval standards required for housing under ORS 197A.400.
B. 
Administrative and Quasi-Judicial Adjustments. In granting the adjustment, the approving authority may attach any reasonable conditions deemed necessary to ensure the review criteria are met.
(Ord. 23-1400; Ord. 26-1424, 1/12/2026)
Mandatory adjustments processed concurrently with other permits or land use decisions shall follow the same final-action timelines that apply to the primary permit or decision under ORS 227.178 or ORS 197A.470, as applicable, including the time needed to resolve all local appeals. An adjustment shall be void 12 months from the date signed by the approving authority, or less than 12 months from the issue date if such time limit is specified as a condition of approval, unless a building permit has been issued and substantial construction has taken place.
(Ord. 26-1424, 1/12/2026)