How do Land Use laws relate to the siting of special needs housing?
In order to comply with the Federal Fair Housing Act and State of Oregon land use planning laws, the City of Portland must provide opportunities for siting special needs housing and social services without discrimination against these facilities based on presumptions about residents’ or clients’ behavior or disability. Can the City dictate where a facility can be sited? The City’s Bureau of Planning can often dictate where the facility may not be sited. Special needs housing and social service uses may locate in zones where they are “allowed by right” as long as they meet all the explicit, objective standards for that use and that location, as listed in the Zoning Code. In some cases, a proposed land use is subject to a conditional use review, using an expanded set of approval criteria already listed in the Zoning Code. If the proposal meets these criteria, then it must be approved. Proposals that do not meet the conditional use criteria are denied. How are land uses regulated? Land us
