Public Improvements Modifications

If a development cannot meet the standards set forth in Oregon City Municipal Code (OCMC), a modification is required to be able to propose improvements less than or in contrast with what code requires. Often this modification is requested to reduce the required right-of-way dedication, reduce the size of the pavement required, eliminate a street parking requirement, etc. - the standards which are stated in OCMC 16.12.016.

OCMC 16.12.013 outlines 5 criteria that must be met for the City to support a change to the City standards:

1. The modification meets the intent of the standard
2. The modification provides safe and efficient movement of pedestrians, motor vehicles, bicyclists and freight
3. The modification is consistent with an adopted transportation or utility plan
4. The modification is complementary with a surrounding street design
5. Or, in the alternative if a modification is requested for constitutional reasons, the applicant shall demonstrate the constitutional provision or provisions to be avoided by the modification and propose a modification that complies with the state or federal constitution. The city shall be under no obligation to grant a modification in excess of that which is necessary to meet its constitutional obligations

Applications & Appeals

An application for a Public Improvement Modification is processed as a Type II Land Use Condition through the Planning Department using the Land Use Application Form (PDF).

If a property is seeking a modification to the requirements on driveways found in OCMC 16.12.035 (the amount of driveways, width of driveways, or spacing of driveways), it is processed through a Type I Decision through the Engineering Department using the Public Improvement Modification Application (PDF).

In either case, the 5 criteria in OCMC 16.12.013 shall be met or else the modification request will be denied. An appeal of a denial is allowed per OCMC 17.50.190.