(2)(a) A single-unit dwelling for a farmworker and the farmworker’s immediate family is a permitted use in any residential or commercial zone that allows single-unit dwellings as a permitted use.
(b) A city or county may not impose a zoning requirement on the establishment and maintenance of a single-unit dwelling for a farmworker and the farmworker’s immediate family in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other single-unit dwellings in the same zone.
(3)(a) Multiunit housing for farmworkers and farmworkers’ immediate families is a permitted use in any residential or commercial zone that allows multiunit housing generally as a permitted use.
(b) A city or county may not impose a zoning requirement on the establishment and maintenance of multiunit housing for farmworkers and farmworkers’ immediate families in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other multiunit housing in the same zone.
(4) A city or county may not prohibit a property owner or developer from maintaining a real estate sales office in a subdivision or planned community containing more than 50 lots or dwelling units for the sale of lots or dwelling units that remain available for sale to the public. [Formerly subsections (1) to (4) of 197.312; 2025 c.38 §23]
(Temporary provisions relating to housing land use adjustments)
Note: Sections 37 to 39, 41 and 43, chapter 110, Oregon Laws 2024, provide:
Sec. 37. Sections 38 to 41 of this 2024 Act are added to and made a part of ORS chapter 197A. [2024 c.110 §37]
Sec. 38. Mandatory adjustment to housing development standards. (1) As used in sections 38 to 41, chapter 110, Oregon Laws 2024:
(a) “Adjustment” means a deviation from an existing land use regulation.
(b) “Adjustment” does not include:
(A) A request to allow a use of property not otherwise permissible under applicable zoning requirements;
(B) Deviations from land use regulations or requirements related to accessibility, affordability, fire ingress or egress, safety, local tree codes, hazardous or contaminated site clean-up, wildlife protection, or statewide land use planning goals relating to natural resources, natural hazards, the Willamette River Greenway, estuarine resources, coastal shorelands, beaches and dunes or ocean resources;
(C) A complete waiver of land use regulations or any changes beyond the explicitly requested and allowed adjustments; or
(D) Deviations to requirements related to the implementation of fire or building codes, federal or state air quality, water quality or surface, ground or stormwater requirements, or requirements of any federal, state or local law other than a land use regulation.
(2) Except as provided in section 39, chapter 110, Oregon Laws 2024, a local government shall grant a request for an adjustment in an application to develop housing as provided in this section. An application qualifies for an adjustment under this section only if the following conditions are met:
(a) The application is for a building permit or a quasi-judicial, limited or ministerial land use decision;
(b) The development is on lands zoned to allow for residential uses, including mixed-use residential;
(c) The residential development is for densities not less than those required under section 55 (3)(a)(C), chapter 110, Oregon Laws 2024;
(d) The development is within an urban growth boundary, not including lands that have not been annexed by a city;
(e) The development is of net new housing units in new construction projects, including:
(A) Single-unit or multiunit housing;
(B) Mixed-use residential where at least 75 percent of the developed floor area will be used for residential uses;
(C) Manufactured dwelling parks;
(D) Accessory dwelling units; or
(E) Middle housing as defined in ORS 197A.420;
(f) The application requests not more than 10 distinct adjustments to development standards as provided in this section. A “distinct adjustment” means:
(A) An adjustment to one of the development standards listed in subsection (4) of this section where each discrete adjustment to a listed development standard that includes multiple component standards must be counted as an individual adjustment; or
(B) An adjustment to one of the design standards listed in subsection (5) of this section where each discrete adjustment to a listed design standard that includes multiple component standards must be counted as an individual adjustment; and
(g) The application states how at least one of the following criteria apply:
(A) The adjustments will enable development of housing that is not otherwise feasible due to cost or delay resulting from the unadjusted land use regulations;
(B) The adjustments will enable development of housing that reduces the sale or rental prices per residential unit;
(C) The adjustments will increase the number of housing units within the application;
(D) All of the units in the application are subject to an affordable housing covenant as described in ORS 456.270 to 456.295, making them affordable to moderate income households as defined in ORS 456.270 for a minimum of 30 years;
(E) At least 20 percent of the units in the application are subject to an affordable housing covenant as described in ORS 456.270 to 456.295, making them affordable to low income households as defined in ORS 456.270 for a minimum of 60 years;
(F) The adjustments will enable the provision of accessibility or visitability features in housing units that are not otherwise feasible due to cost or delay resulting from the unadjusted land use regulations; or
(G) All of the units in the application are subject to a zero equity, limited equity, or shared equity ownership model including resident-owned cooperatives and community land trusts making them affordable to moderate income households as described in ORS 456.270 to 456.295 for a period of 90 years.
(3) A decision on an application for an adjustment made under this section is a limited land use decision. Only the applicant may appeal the decision. No notice of the decision is required if the application is denied, other than notice to the applicant. In implementing this subsection, a local government may:
(a) Use an existing process, or develop and apply a new process, that complies with the requirements of this subsection; or
(b) Directly apply the process set forth in this subsection.
(4) A local government shall grant an adjustment to the following development standards:
(a) Side or rear setbacks, for an adjustment of not more than 10 percent.
(b) For an individual development project, the common area, open space or area that must be landscaped on the same lot or parcel as the proposed housing, for a reduction of not more than 25 percent.
(c) Parking minimums.
(d) Minimum lot sizes, not more than a 10 percent adjustment, and including not more than a 10 percent adjustment to lot widths or depths.
(e) Maximum lot sizes, not more than a 10 percent adjustment, including not more than a 10 percent adjustment to lot width or depths and only if the adjustment results in:
(A) More dwelling units than would be allowed without the adjustment; and
(B) No reduction in density below the minimum applicable density.
(f) Building lot coverage requirements for up to a 10 percent adjustment.
(g) For manufactured dwelling parks, middle housing as defined in ORS 197A.420, multiunit housing and mixed-use residential housing:
(A) Requirements for bicycle parking that establish:
(i) The minimum number of spaces for use by the residents of the project, provided the application includes at least one-half space per residential unit; or
(ii) The location of the spaces, provided that lockable, covered bicycle parking spaces are within or adjacent to the residential development;
(B) For uses other than cottage clusters, as defined in ORS 197A.420 (1), building height maximums that:
(i) Are in addition to existing applicable height bonuses, if any; and
(ii) Are not more than an increase of the greater of:
(I) One story; or
(II) A 20 percent increase to base zone height with rounding consistent with methodology outlined in city code, if any;
(C) Unit density maximums, not more than an amount necessary to account for other adjustments under this section; and
(D) Prohibitions, for the ground floor of a mixed-use building, against:
(i) Residential uses except for one face of the building that faces the street and is within 20 feet of the street; and
(ii) Nonresidential active uses that support the residential uses of the building, including lobbies, day care, passenger loading, community rooms, exercise facilities, offices, activity spaces or live-work spaces, except for active uses in specifically and clearly defined mixed-use areas or commercial corridors designated by local governments.
(5) A local government shall grant an adjustment to design standards that regulate:
(a) Facade materials, color or pattern.
(b) Facade articulation.
(c) Roof forms and materials.
(d) Entry and garage door materials.
(e) Garage door orientation, unless the building is adjacent to or across from a school or public park.
(f) Window materials, except for bird-safe glazing requirements.
(g) Total window area, for up to a 30 percent adjustment, provided the application includes at least 12 percent of the total facade as window area.
(h) For manufactured dwelling parks, middle housing as defined in ORS 197A.420, multiunit housing and mixed-use residential:
(A) Building orientation requirements, not including transit street orientation requirements.
(B) Building height transition requirements, not more than a 50 percent adjustment from the base zone.
(C) Requirements for balconies and porches.
(D) Requirements for recesses and offsets. [2024 c.110 §38; 2025 c.38 §48]
Sec. 39. Mandatory adjustments exemption process. (1) A local government may apply to the Housing Accountability and Production Office for an exemption to section 38, chapter 110, Oregon Laws 2024, only as provided in this section. After an initial application is made, section 38, chapter 110, Oregon Laws 2024, does not apply to the applicant until the office denies the initial application or revokes the exemption.
(2) To qualify for an exemption under this section, the local government must demonstrate that:
(a) The local government reviews requested design and development adjustments for all applications for the development of housing that are under the jurisdiction of that local government;
(b) All listed development and design adjustments under section 38 (4) and (5), chapter 110, Oregon Laws 2024, are eligible for an adjustment under the local government’s process; and
(c)(A) Within the previous five years the city has approved 90 percent of received adjustment requests; or
(B) The adjustment process is flexible and accommodates project needs as demonstrated by testimonials of housing developers who have utilized the adjustment process within the previous five years.
(3) Upon receipt of an application under this section, the office shall allow for public comment on the application for a period of no less than 45 days. The office shall enter a final order on the adjustment exemption within 120 days of receiving the application. The approval of an application may not be appealed.
(4) In approving an exemption, the office may establish conditions of approval requiring that the city demonstrate that it continues to meet the criteria under subsection (2) of this section.
(5) Local governments with an approved or pending exemption under this section shall clearly and consistently notify applicants, including prospective applicants seeking to request an adjustment, that are engaged in housing development:
(a) That the local government is employing a local process in lieu of section 38, chapter 110, Oregon Laws 2024;
(b) Of the development and design standards for which an applicant may request an adjustment in a housing development application; and
(c) Of the applicable criteria for the adjustment application.
(6) In response to a complaint and following an investigation, the office may issue an order revoking an exemption issued under this section if the office determines that the local government is:
(a) Not approving adjustments as required by the local process or the terms of the exemption;
(b) Engaging in a pattern or practice of violating housing-related statutes or implementing policies that create unreasonable cost or delays to housing production under ORS 197.320 (13)(a); or
(c) Failing to comply with conditions of approval adopted under subsection (4) of this section. [2024 c.110 §39; 2025 c.530 §3]
Sec. 41. Reporting. (1) A city required to provide a report under ORS 197A.110 shall include as part of that report information reasonably requested from the Department of Land Conservation and Development on residential development produced through approvals of adjustments granted under section 38 of this 2024 Act. The department may not develop a separate process for collecting this data or otherwise place an undue burden on local governments.
(2) On or before September 15 of each even-numbered year, the department shall provide a report to an interim committee of the Legislative Assembly related to housing in the manner provided in ORS 192.245 on the data collected under subsection (1) of this section. The committee shall invite the League of Oregon Cities to provide feedback on the report and the efficacy of section 38 of this 2024 Act. [2024 c.110 §41]
Sec. 43. Sections 38 to 41 of this 2024 Act are repealed on January 2, 2032. [2024 c.110 §43]