passed ordinance

Amend Floating Structures Code to clarify permitting requirements for repairs to existing floatation systems (amend Code Sections 28.03.020 and 28.05.010)

land use
code amendment

Department: Permitting & Development
Introduced by: Former Commissioner Carmen Rubio
Status: Passed

Impact statement

Purpose & background

This ordinance amends City Code Title 28 – Floating Structures to clarify permitting requirements for repairs to floatation systems and floatation devices and rescinds the requirement for as-built plans to be submitted to the BDS Director for additions excepted under Title 28. Title 28 has historically lacked specificity regarding the quantity or percentage of floating structure materials allowed to be replaced without a permit during repair; the revisions in this ordinance provide needed guidance for owners of floating structures when making repairs to floatation systems or floatation devices. The ordinance also removes the requirement that plans for work not requiring a permit be submitted to the Bureau Director after project completion; this requirement is unnecessary, as BDS has no way of storing records that are not attached to an active permit within its information systems.

Financial impacts

This ordinance has no budgetary impacts and would not impact staffing levels. Any changes in work resulting from this ordinance is expected to be performed using existing resources. The River Community Advisory Committee (RCAC) worked with BDS staff to advise on the details of this ordinance. Because the proposed changes are technical in nature and limited to the floating structure community, minimal outreach will be conducted to inform customers of the code changes.

Community impacts

The RCAC worked with BDS staff to advise on the details of this ordinance. Because the proposed changes are technical in nature and limited to the floating structure community, minimal outreach will be conducted to inform customers of the code changes.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: The City, through the Bureau of Development Services (BDS), regulates floating structures and related structures, such as docks and marinas, via City Code Title 28 – Floating Structures. Title 28 outlines when permits are required for the construction, reconstruction, relocation, alteration, repair, maintenance and siting of floating structures and related structures located within the City of Portland. Title 28 has historically lacked specificity regarding the quantity or percentage of floating structure materials allowed to be replaced without a permit when making repairs to floating structure floatation systems or floatation devices. The River Community Advisory Committee (RCAC) has advised on amendments to Title 28 intended to provide additional clarity around permitting requirements when making such repairs. The revisions in this ordinance allow owners of Floating Structures to complete repairs to the floatation system without a building permit, when replacing no more than 50% of the float structural components or floatation device with like or better materials in a like manner (within a 12 month period). This approach also allows for the timely completion of necessary repairs in the interest of public safety, without burdening the community with additional delays. The ordinance adds a reference in Subsection 28.03.020 C.10, pointing to new permitting requirements in Subsection 28.05.010 D. The ordinance also removes the requirement that as-built plans for additions to an existing deck, walk, porch, or float for a floating home or combo-structure built under Title 28 exceptions be submitted to the BDS Director upon completion of the work. NOW, THEREFORE, the Council directs: City Code Sections 28.03.020 and 28.05.010 to be amended as set forth in Exhibit A.

Tally

5 yea 0 nay