Clear & Objective Code Audit (City of Sandy)

The City of Sandy is proposing a series of code amendments which aim to ensure that land use regulations that apply to housing are clear and objective as required by state law. The purpose of the Sandy Clear and Objective Code Audit is to ensure that the City of Sandy’s Development Code (SDC) complies with and implements certain Oregon state laws and legislation, primarily Oregon State statute (ORS 197.307). ORS 197.307 requires that local governments provide an approval pathway for housing developments that includes only clear and objective standards, conditions, and procedures. This ORS ensures that communities do not use discretionary or subjective criteria to deny housing projects. Also, the clear and objective standards, conditions, and procedures can’t discourage housing through unreasonable cost or delay. 

 

Several legal challenges, through appeals of land use decisions, have tested the clear and objective standards, conditions, and procedures in the Sandy Development Code (SDC). Addressing concerns about the SDC through appeals is costly for the City and creates uncertainty during the development process. 

 

1. Within the SFR zone: removing single attached and detached zero lot line housing from the list of permitted uses.
2. Within the SFR, R-1, R-2, and R-3 zoning districts: replacing the conditional use category "Hospital or home for the aged, retirement, rest or convalescent home" with "Group care and assisted living," which means that hospitals would no longer be included as a conditional use in those zoning districts.
3. Within the R-3 zoning district: deleting "boarding houses and rooming houses" from the list of permitted uses.
4. Within the C-1 and C-3 zoning districts: restricting residential uses to above the ground floor and removing the option for standalone multi-family dwellings (currently a conditional use) except in the case of certain affordable housing.
5. Within all zoning districts:

• Subsection 17.74.70.E. Requiring new accessory dwelling units to connect to municipal water and sewer.
• Within various chapters, converting discretionary standards to clear and objective standards which may result in a stricter standard; however, the code will continue to provide an alternative discretionary path. For example, see changes in the following:  
  • 17.54.120. BVO circulation
  • 17.56.50. Compliance with study conclusions and recommendations required. [Hillside]
  • 17.60.20. Permitted uses and activities [Flood and Slope Hazards Overlay]
  • 17.82.20. Building orientation
  • 17.84.30. Pedestrian and bicyclist requirements
  • 17.84.50. Street requirements
  • 17.90.110. Downtown and Village Commercial (C-1 and C-3) design standards
  • 17.90.120. General Commercial and Industrial (C-2 and I-1) and non-residential uses in residential zones design standards
  • 17.90.150. Residential design standards
  • 17.90.160. Additional requirements—Multi-family development