Or. Admin. R. 660-012-0445

Current through Register Vol. 63, No. 6, June 1, 2024

Section 660-012-0445 - Parking Management Alternative Approaches

(1) In lieu of adopting land use regulations without parking mandates under OAR 660-012-0420, cities and counties shall select and implement either a fair parking policy approach as provided in subsection (a) or a reduced regulation parking management approach as provided in subsection (b).

(a) A fair parking policy approach shall include at least two of the following five provisions, including at least one provision from paragraphs (A) through (C):

(A) A requirement that parking spaces for each residential unit in multi-unit housing developments be unbundled parking upon lease creation, lease renewal, or sale. Cities and counties may exempt townhouse and rowhouse development from this requirement;

(B) A requirement that parking spaces serving leased commercial developments be unbundled parking upon lease creation or renewal;

(C) A requirement for employers of 50 or more employees who provide free or subsidized parking to their employees at the workplace provide a flexible commute benefit of $50 per month or the fair market value of that parking, whichever is greater, to those employees eligible for that free or subsidized parking who regularly commute via other modes instead of using that parking;

(D) A tax on the revenue from commercial parking lots collecting no less than 10 percent of income, with revenues dedicated to improving transportation alternatives to drive-alone travel; and

(E) A reduction of parking mandates for new multi-unit housing development to no higher than one-half spaces per unit, including visitor parking.

(b) A reduced regulation parking management approach shall include all of the following:

(A) A repeal of all parking mandates within one-half mile pedestrian travel of climate-friendly areas;

(B) A repeal of parking mandates for mixed-use development;

(C) A repeal of parking mandates for group quarters, including but not limited to dormitories, religious group quarters, adult care facilities, retirement homes, and other congregate housing;

(D) A repeal of parking mandates for studio apartments, one-bedroom apartments and condominiums in multi-unit housing developments;

(E) A repeal of parking mandates for change of use of, or redevelopment of, buildings vacant for more than two years. Cities and counties may require registration of a building as vacant two years prior to the waiving of parking mandates;

(F) A repeal of requirements to provide additional parking for change of use or redevelopment where at least 50 percent of the building floor area is retained;

(G) A repeal of parking mandates for expansion of existing businesses by less than 30 percent of a building footprint;

(H) A repeal of parking mandates for buildings within a National Historic District, on the National Register of Historic Places, or identified as a designated or contributing structure on a local inventory of historic resources or buildings;

(I) A repeal of parking mandates for commercial properties that have fewer than ten on-site employees or 3,000 square feet floor space;

(J) A repeal of parking mandates for developments built under the Oregon Residential Reach Code;

(K) A repeal of parking mandates for developments seeking certification under any Leadership in Energy and Environmental Design (LEED) rating system, as evidenced by either proof of pre-certification or registration and submittal of a complete scorecard;

(L) A repeal of parking mandates for schools;

(M) A repeal of parking mandates for bars and taverns; and

(N) Implementation of at least one pricing mechanism, either:

(i) Designation of at least one residential parking district or parking benefit district where on-street parking is managed through paid permits, meters, or other payments; or

(ii) Requirements that parking for multi-unit housing units be unbundled parking upon lease renewal or sale.

(2) Cities and counties may change their selection between subsections (1)(a) and (b) at any time.

Or. Admin. R. 660-012-0445

LCDD 2-2022, temporary adopt filed 06/01/2022, effective 6/1/2022 through 11/27/2022; LCDD 3-2022, adopt filed 08/17/2022, effective 8/17/2022; LCDD 5-2023, temporary amend filed 05/12/2023, effective 5/12/2023 through 11/7/2023; LCDD 9-2023, amend filed 11/07/2023, effective 11/7/2023

Statutory/Other Authority: ORS 197.040

Statutes/Other Implemented: ORS 197.012 & ORS 197.712