City Council to consider proposed amendments to Portland’s Odor Code

News Article

Community members invited to review the Odor Code Update Project Recommended Draft and testify in writing via the Map App or in person to City Council at a public hearing on Wednesday, Oct. 30 at 3:30 p.m.

Recently, a spotlight was put on the City's odor complaint enforcement system following media coverage of a local restaurant that closed in response to a code compliance case. The case was the result of complaints the City received about odors emanating from an establishment that may have been in violation of odor regulations in the zoning code. The situation elevated concerns that the City's approach to regulating and enforcing odor issues is outdated and in need of a more enforceable and equitable approach. In March, Portland City Commissioner Carmen Rubio placed a pause on enforcement of odor complaints related to food establishments. Commissioner Rubio further directed the Bureau of Planning and Sustainability (BPS) to begin the process of updating regulations related to odor complaints.

The Odor Code Update Project proposes to amend Portland's off-site odor regulations. On Wednesday, Oct. 30 at 3:30 p.m., City Council will hold a public hearing on the Recommended Draft of the Odor Code Update Project, which is now available for public review. Community members are invited to review these code amendments and provide testimony on them to the City Council either in person or in writing.

What's in the Recommended Draft?

The Odor Code amendments recognize that odors are inherently subjective and therefore challenging to regulate. The proposal also recognizes that the current odor rules can have disproportionate effects on small local businesses, which tend to be along Portland's main streets and near residential neighborhoods. It also continues to allow for enforcement on non-retail businesses.

Specifically, the Odor Code Update Project amendments propose to:

• Move the odor standard from Title 33 (Planning and Zoning) to Title 29 (Property Maintenance).
• Eliminate requirements for documentation of compliance with Chapter 33.262, Off-Site Impacts, at the time of building permit and clarify that the standards apply once the operation of a use commences.
• Exempt Retail Sales and Service uses from the odor rules in Title 29.
• Set new parameters for enforcement of the odor rules in Title 29:
  • Increase the 15-minute daily allowance for continuous odor emissions to 30 minutes.
  • Require five or more individual complaints from five or more people within 30 days before Property Compliance Services will open an odor investigation. The complainants must live within 150-feet of the property line of the site with the offending odor.

On Sept. 10, the Planning Commission unanimously recommended approval of the amendments to the City Council.

Read the Recommended Draft

Have your say

Portlanders are invited to review these code amendments and provide testimony on them to the City Council either in person or in writing.

Testify in writing

Community members are encouraged to testify in writing on the Recommended Draft via the Map App. Submitting testimony through the Map App is as easy as sending an email (be sure to click the "testify" button). Written testimony must be received by the time of the hearing.

Testify in writing via the Map App

Testify verbally

The City Council hearing on Wednesday, Oct. 30 at 3:30 p.m. will be a hybrid format with options to participate in person at 1900 SW Fourth Avenue, Room 2500, or virtually using a computer, mobile device or telephone. You must sign up to testify in advance. The Council Clerk will post the agenda with the public testimony registration links on Friday, Oct. 25 at 9 a.m. To testify before City Council in person or virtually, visit the Council hearing event page for instructions.

Next steps

After City Council hears testimony on October 30, Commissioners will discuss the proposal and any potential amendments. A vote on the package will likely be held in December.