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Milwaukie removes ban on variances to maximum density, aligning local code with state law
Summary
The Milwaukie City Council voted unanimously to amend the city zoning code to allow variances that can increase maximum residential density, responding to Oregon Senate Bill 1537 and creating a new Type 2 variance that can boost density by up to 25%.
Milwaukie City Council on Feb. 18 adopted an ordinance amending Milwaukie Municipal Code Title 19 to remove the local prohibition on variances to maximum residential density, approving the change by a 5-0 vote.
City senior planner Vera Colias told the council the change is intended to align local procedures with Oregon Senate Bill 1537, a state law that requires cities to grant certain administrative variances for housing development. Colias said the state measure took effect Jan. 1, 2025, and includes a sunset date of Jan. 2, 2032.
The amendment removes the city’s existing ban on density variances and adds a new Type 2 variance that would allow applicants to increase maximum density in a residential development by up to 25%. Colias said developers may package up to 10 distinct variances under SB 1537, if the development qualifies — for example by meeting a minimum of roughly…
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