(a) Owned by a public body, as defined in ORS 174.109; or
(b) Zoned for:
(A) Residential uses;
(B) Commercial uses;
(C) Employment uses;
(D) Public lands, not including park land; or
(E) Industrial uses, provided that if the property is:
(i) Publicly owned or owned by a public benefit corporation as defined in ORS 65.001;
(ii) Within 250 feet of lands zoned for residential use; and
(iii) Not specifically designated for heavy industrial uses.
(2) This section does not apply on land where the local government determines that:
(a) The facility cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the property is complete; or
(b) The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:
(A) Natural disasters and hazards; or
(B) Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.
(3) This section does not trigger any requirement that a local government consider or update an analysis as required by a statewide land use planning goal relating to economic development.
(4) A decision made under this section is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. A decision under this section may only be appealed by writ of review under ORS 34.010 to 34.100.
(5) A local government shall issue a final decision under this section within 120 days after a completed application is filed with the local government. [2025 c.559 §59]