Chapter 28.01 Purpose and Scope


28.01.010 Statement of Purpose and Intent.
 
(Amended by Ordinance No. 181437, effective December 21, 2007.)  It is the purpose of Title 28 to promote the public’s health, safety and welfare through the regulation of floating structures and their appurtenances.  The City of Portland recognizes the River Community as an important part of the City’s overall vitality and livability, and that Floating Structures by their nature are a “Water Dependent Activity”.
 These regulations recognize that waterborne structures, by their very nature, confront different environmental factors than do structures located on land.  Furthermore, it is recognized that waterborne structures have distinctive design requirements such that strict adherence or application of the land-oriented Specialty Codes is not always appropriate and that modifications or exceptions should be made in appropriate circumstances in the application of those codes.

28.01.020 Scope.

(Amended by Ordinance Nos. 178745, 181437 and 183597, effective April 9, 2010)  Permits may be required for, among other activities, the construction, reconstruction, relocation, alteration, repair, maintenance and siting of floating structures and related structures located within the City of Portland as provided by Title 28 and limited thereto.

Chapter 33.236 regulates the location, use and development of floating homes and floating home moorages.  New, relocated or replacement floating structures on sites located within the Portland International Airport Noise Impact overlay zone, as identified in the City of Portland’s zoning maps, are subject to the noise insulation, noise disclosure statement, and noise easement requirements of Chapter 33.470.

Title 28 does not apply to the construction, maintenance, or operation of boats, except as provided in Section 28.06.050.

Title 28 does not apply to any buildings or structures located on land above the mean high water mark.  Such buildings or structures, including but not limited to parking lots, carports, club houses, sales or business offices, shall be constructed in compliance with the applicable State Specialty Codes and Portland City Code (PCC) Title 24 Building Regulations.

Except as specifically provided in Title 28 the State Specialty Codes, PCC Title 24 Building Regulations, PCC Title 31 Fire Regulations and PCC Title 19 Harbors, are the base codes for the design and construction and maintenance of floating structures.  Recognizing the unique history and traditions associated with floating structures, alternatives to the requirements of the base codes are included in Section 28.06.055 and elsewhere in Title 28.  Due to the history and tradition, the Director shall give additional consideration to prior interpretations, rulings, permitting and appeals. 

Should any conflicts arise between the requirements specified in the base codes and the requirements specified in Title 28, the requirements of Title 28 shall control.  Where two requirements of Title 28 are in conflict the most restrictive requirement shall apply.  If, after taking into consideration the nautical application of the codes, the application of the specific code requirement is deemed to be overly restrictive, the Director may refer the question to the Floating Structures Board of Appeal for interpretation.