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Officials: state density rules can override CCRs on density but do not erase private height limits
Summary
Speakers addressed how recent state rules interact with private CC&Rs: staff said state rulings to date target density barriers (nullifying CC&Rs that ban middle housing) but have not changed enforcement of private height restrictions, which remain civil matters between neighbors.
A caller raised ORS 93.277 and asked whether CC&Rs that block ADUs or middle housing are nullified. City Planner Catherine Gunther explained the state's focus has been on removing density barriers and that, "as of now... the state has only ruled in on density," adding that height limitations have not been the focus and private height restrictions can still stand.
Commission Chair Mark Sakamoto and staff stressed that the city enforces its municipal code through the permitting process but does not adjudicate private deed restrictions; neighbors retain civil remedies if a deed restriction appears violated. Several commenters noted ongoing litigation elsewhere and cautioned the city to expect challenges as state rules evolve.
