On November 9, 2020, the City Council voted unanimously to adopt a new land use code under Phase I of ReCode, the City’s effort to streamline, modernize, and update its land use code to reflect the goals of the City’s comprehensive plan (Portland’s Plan 2030). Phase I resulted in a restructured new code that is nearly 600 pages shorter than its predecessor and uses tables and graphics to improve legibility and provide consistency for users. It also paves the way for Phase II of ReCode, which involves better aligning the code with the vision of Portland's Plan.
What WAS Phase I again?
Phase I involved extensive reformatting, restructuring, and updating of the existing land use code, and for certain topics, implementation of new policy, including the city’s Accessory Dwelling Unit framework, off-street parking, and sign provisions. Though ReCode Phase I touched every part of the previous land use code, and refashioned either the wording, the location, or the structure of each section, many of the existing policies have been migrated over unchanged, with some substantive exceptions summarized below. The remaining policy work of ReCode will be under the umbrella of Phase II.
what changed UNDER RECODE PHASE I?
The most obvious change to the existing land use code under ReCode Phase I was organizational. Phase I reorganized the code thematically by content area (rather than by zone). This means that you can find all:
Board-related (e.g. Planning Board, HP Board, ZBA) provisions in Article 2 (Administration)
Purpose statements for all zones in Article 5 (Zones)
Permitted and conditional use lists for all zones in Article 6 (Use Standards)
Dimensional standards for all zones in Article 7 (Dimensional Standards)
Overlay zones in Article 8 (Overlay Zones)
Waterfront zoning in Article 10 (Waterfront Zones)
Housing-related provisions in Article 18 (Housing)
Parking-related provisions in Article 19 (Off-Street Parking & Loading)
In addition, ReCode clarified, updated, and consolidated content from the existing land use code. For example:
Fees were relocated to fee schedules.
Permitted and conditional use lists (Article 6) were consolidated into tables.
ADU policy (Article 6) was modified to simplify ADU creation.
Dimensional definitions (Article 7) were consolidated into a new ‘rules of interpretation’ section.
Dimensional standards were organized into tables. Where height overlay maps exist, height-related regulations have been relocated there.
Site plan & subdivision submittal requirements (Article 14) were relocated to the Technical Manual.
Site plan application types (Article 14) were simplified to just two categories, and thresholds have been changed to exempt very small projects.
The definition of subdivision was updated (Article 15) to match current state statute.
Noticing requirements (Articles 14, 15, and 17) were updated to require a ‘notice of neighborhood meeting sign’ on sites under board review.
The existing use credit for impact fees (Article 16) was extended.
Historic preservation language (Article 17) was clarified and simplified.
Off-street parking policy (Article 19) was revised to grant more flexibility to private property owners.
Sign standards (Article 20) were revised for clarity.
A more complete list of changes can be found here.