(2) A local government may adopt, by ordinance, application approval, siting or development regulations consistent with this section for the specific purpose of regulating home start lands.
(3) Notwithstanding any zone change or conditional use permit requirements of the local government, property designated as home start lands under ORS 458.462 or 458.463 may be used for residential development as provided under this section unless the local government determines that:
(a) Development on the property cannot be adequately served by water, sewer, storm water drainage or streets, or will not be so served adequately when the development on the property is complete;
(b) The property contains a slope of 25 percent or greater;
(c) The property is within a 100-year floodplain; or
(d) The development of the property is constrained by land use regulations based on statewide planning goals related 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.
(4) A local government shall allow the residential use of property described in subsection (3) of this section, provided the development:
(a) Meets the minimum density and maximum lot sizes for:
(A) The residential uses for which the land is zoned; and
(B) The residential zoning adopted by the local government that is the lowest density that allows for all middle housing types; and
(b) Meets the local government’s clear and objective standards, conditions and procedures regulating the development of housing, as described in ORS 197A.400.
(5) An application for development of home start lands must be:
(a) Approved or rejected by the governing body of the local government; and
(b) Approved or rejected within a time frame established by the local government pursuant to ORS 197A.400.
(6) Approval or rejection of an application under subsection (5) of this section shall be based on criteria and standards adopted by the local government under subsection (2) of this section and shall be accompanied by a statement that explains the criteria and standards considered relevant to the decision, states the facts relied upon in rendering the decision and explains the justification for the decision based on the criteria, standards and facts set forth.
(7) Written notice of the approval or rejection of an application under subsection (5) of this section shall be given to the applicant. Notice under this subsection shall comply with ORS 197.797 (3)(a), (c), (g) and (h) and shall describe the nature of the decision and include an explanation of appeal rights.
(8) A final decision of a local government on an application under this section is a land use decision subject to review by the Land Use Board of Appeals under ORS 197.830 to 197.845.
(9) An approval of a development application under this section becomes void four years after the date it is issued. [2025 c.481 §4]
Note: Definitions in ORS 458.461 apply to 197A.447.
Note: 197A.447 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.