I. What is the Problem?
The State of Oregon passed HB 3395 – a housing omnibus bill – during the 2023 legislative session. The bill requires a variety of code changes for communities throughout the state.
Among the changes that affect the City of Independence include:
- The requirement to allow ground-floor housing units, affordable to those households making 60% of area median income, in areas that allow ground-floor commercial development.
- The requirement to allow Single-Room Occupancies.
II. Proposed Change
The proposed revisions to the code (available here) incorporate relatively simple changes to address the requirements of HB 3395.
At the meeting of June 11, 2024, the Independence Planning Commission will hold a public hearing to consider a code change that would increase the number of lots that would qualify for an existing variance in Independence Development Code Subchapter 70.
I. What is the Problem?
The City of Independence minimum lot size for a detached single-family home is 5,000 square feet in most residential zones. However, in one neighborhood – Hill’s Addition – a variance is allowed to permit lots as small as 4,500 square feet. The original lots in Hill’s Addition were 66 feet by 148.5 feet, or 9,801 square feet in size and the variance provisions in IDC 70.021 (established in 1995) were intended to allow the lots to be divided.
While this approach is appropriate for the neighborhood, the allowance was not extended to similar neighborhoods. For example, the variance does not apply in nearby subdivisions such as Hall’s Addition or Patterson’s Addition, which were originally designed to have the exact same lot dimensions as Hill’s Addition.
II. Proposed Change
This draft code would expand the variance to those neighborhoods, as well as others. Slight changes to the requirements allowing the variance are also included. View Draft PDF
At the Planning Commission meeting on July 8, 2024, the Commission will hold a public hearing on a draft of new standards for murals in the City of Independence.
Currently, the Independence Development Code does not have any criteria for the review of murals. Instead, the code simply says that murals are prohibited unless approved by the City Council. Within that framework, the City Council may approve or deny a proposal, but do not have any established standards to guide their decision making.
Operating within this rather unstructured decision-making framework, staff assumes that murals are generally allowed, unless a clear opposing code requirement is proposed, such as the exceedance of an allowed sign size or the prohibition of the painting of brick.
Proposed Change
Following the receipt of several mural applications in a relatively short period, the Independence City Council asked staff to draft standards to assist in the review of murals. The proposed draft would establish criteria for mural review and make the Planning Commission or Historic Preservation Commission (depending on where the mural was proposed) the “Mural Committee” for the application. Several standards would also be established.
To see a draft of the code, please click here
At the Planning Commission meeting on July 8, 2024, the Commission will hold a public hearing on a draft of new standards for housing land use adjustments in the City of Independence.
What is the Problem?
During the 2024 legislative session, the State of Oregon passed SB 1537, a bill intended to spur housing production throughout the state. As part of that bill, the legislature adopted new standards that allow individuals to request up to 10 distinct adjustments of regulatory standards that limit the development of housing.
Among the standards that can be modified include:
- Side or rear setbacks, for an adjustment of not more than 10 percent (see Section 38(4)(a))
- Parking minimums (see Section 38(4)(c))
- Minimum lot sizes, not more than a 10 percent adjustment (see Section 38(4)(d))
- Building lot coverage requirements, for up to a 10 percent adjustment (see Section 38(4)(f))
- Building height requirements, not more than the increase of one story or 20 percent of the base height of the zone (see Section 38(4)(g)(B))
- Design standards including requirements regarding facade materials, façade articulation, or total window area (see Section 38(5))
The allowance of this variety of adjustments has the potential to significantly impact the ability of cities to regulate legitimate public interests related to housing.
To qualify for a housing adjustment under the legislation, a proponent is required to state how the proposal meets one of several criteria such as that “the adjustment will enable development of housing that is not otherwise feasible due to cost or delay resulting from the unadjusted land use regulations” or “the adjustments will increase the number of housing units within the application.”
Proposed Change
To respond to the bill, City staff have proposed the establishment of a process to allow adjustments to land use standards, but only when the adjustments specifically state how they meet the criteria in the bill. Staff feel that this approach is necessary because:
- Over time, the City of Independence has worked to create a relatively simple and flexible code.
- Given the simplicity of the code, individuals that request the adjustment of 10 distinct standards without any supporting evidence could potentially bypass almost all meaningful regulation related to housing in the community.
A code that articulates the proposed approach is available here.
