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:
- The modification meets the intent of the standard
- The modification provides safe and efficient movement of pedestrians, motor vehicles, bicyclists and freight
- The modification is consistent with an adopted transportation or utility plan
- The modification is complementary with a surrounding street design
- 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.