Chapter 197A — Chapter 197A
94 sections in this chapter.
ORS 197A.385 Residential treatment facilities. (1) Within an urban growth boundary, a local government shall allow a residential treatment facility or residential treatment home, as those terms are defined in ORS 443.400, without requiring a plan amendment, zone change or conditional use permit for property that is
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(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 be…
ORS 197A.386 Crisis stabilization centers. (1) Within an urban growth boundary, a local government shall allow a crisis stabilization center as defined in ORS 430.626 and licensed under ORS 430.627, and may not require a plan amendment, zone change or conditional use permit for the property on which the facility is sited if the property is
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(a) Owned by a public body, as defined in ORS 174.109; and (b) Adjacent to where a mental or psychiatric hospital licensed under ORS 441.025 is or will be located as established by a pending development application. (2) Within an urban growth boundary, a local government shall al…
ORS 197A.395 Limits on local government prohibitions. (1) A local government may not prohibit from all residential zones attached or detached single-unit or multiunit housing for both owner and renter occupancy, manufactured homes or prefabricated structures. A city or county may not prohibit government assisted housing or impose additional approval standards on government assisted housing that are not applied to similar but unassisted housing
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(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 ma…
ORS 197A.400 Clear and objective approval criteria required; alternative approval process. (1)(a) Except as provided in subsection (3) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating
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(A) The development of housing; and (B) Tree removal codes related to the development of housing. (b) The standards, conditions and procedures: (A) May include, but are not limited to, one or more provisions regulating the density or height of a development. (B) May not have the …
ORS 197A.402 Local approval of land division or construction of housing; conditions of approval. (1) As used in this section
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(a) “Partition” has the meaning given that term in ORS 92.010. (b) “Permit” means a permit as defined in ORS 215.402 and a permit as defined in ORS 227.160. (c) “Subdivision” has the meaning given that term in ORS 92.010. (2) A local government shall approve an application for a …
ORS 197A.405 [2017 c.709 §1; 2018 c.15 §10; repealed by 2023 c.13 §96]
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[Repealed or reserved.]
ORS 197A.407 [2017 c.709 §2; 2018 c.15 §11; repealed by 2023 c.13 §96]
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[Repealed or reserved.]
ORS 197A.408 Adoption of preapproved residential development types; rules. (1) The definitions in ORS 197A.420 apply to this section
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(2) The Land Conservation and Development Commission may adopt rules requiring local governments to issue a land use decision, notwithstanding any comprehensive plan or land use regulations or statewide land use planning goals, approving the development of specified residential d…
ORS 197A.409 [2017 c.709 §3; repealed by 2023 c.13 §96]
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[Repealed or reserved.]
ORS 197A.411 [2017 c.709 §4; repealed by 2023 c.13 §96]
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[Repealed or reserved.]
ORS 197A.413 [2017 c.709 §6; repealed by 2023 c.13 §96]
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[Repealed or reserved.]
ORS 197A.420 Duplexes; middle housing. (1) As used in this section and ORS 197A.421
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(a) “City” includes a local government with jurisdiction over unincorporated lands within an urban growth boundary. (b) “City with a population of 25,000 or greater” includes, regardless of size, any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, …
ORS 197A.421 Additional accessible or affordable middle housing units. (1) As used in this section
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(a) “Accessible unit” means a unit of housing that complies with the “Type A” requirements applicable to units as set forth in the Standard for Accessible and Usable Buildings and Facilities published by the International Code Council and as referenced by the state building code.…
ORS 197A.425 Accessory dwelling units. (1)(a) A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas within the urban growth boundary that are zoned for detached single-unit dwellings the development of at least one accessory dwelling unit for each detached single-unit dwelling, subject to reasonable local regulations relating to siting and design
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(b) As used in this subsection: (A) “Accessory dwelling unit” means an interior, attached or detached residential structure that is used in connection with or that is accessory to a single-unit dwelling. (B) “Reasonable local regulations relating to siting and design” does not in…
ORS 197A.430 Single room occupancies. (1) As used in this section, “single room occupancy” means a residential development with no fewer than four attached or detached units that are independently rented and lockable and provide living and sleeping space for the exclusive use of an occupant, but require that the occupant share sanitary or food preparation facilities with other units in the occupancy
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(2) Within an urban growth boundary, each local government shall allow the development of a single room occupancy: (a) With up to six units on each lot or parcel zoned to allow for the development of a detached single-unit dwelling; and (b) With up to three times the number of un…
ORS 197A.431 Policy. The Legislative Assembly declares that it is the policy of this state to provide for mobile home or manufactured dwelling parks within all urban growth boundaries to allow persons and families a choice of residential settings. [Formerly 197.475]
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[Repealed or reserved.]
ORS 197A.432 Siting of manufactured home or prefabricated structure. (1) Notwithstanding any other provision in ORS chapter 197A, within an urban growth boundary, a local government shall allow the siting of manufactured homes and prefabricated structures on all land zoned to allow the development of single-unit dwellings
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(2) This section does not apply to any area designated in an acknowledged comprehensive plan or land use regulation as a historic district or residential land immediately adjacent to a historic landmark. (3) Manufactured homes and prefabricated structures allowed under this secti…
ORS 197A.434 Prohibition of restrictions on manufactured dwelling or prefabricated structure. (1) A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, in a mobile home or manufactured dwelling park in a zone with a residential density of eight to 12 units per acre
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(2) A jurisdiction may not prohibit placement of a manufactured dwelling, due solely to its age, on a buildable lot or parcel located outside urban growth boundaries or on a space in a mobile home or manufactured dwelling park, if the manufactured dwelling is being relocated due …
ORS 197A.436 Planning for parks; inventory; placement and design standards. (1) Each city and county governing body shall provide for mobile home or manufactured dwelling parks as an allowed use
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(a) By zoning ordinance and by comprehensive plan designation on buildable lands within urban growth boundaries; and (b) In areas planned and zoned for a residential density of six to 12 units per acre sufficient to accommodate the need established pursuant to subsections (2) and…
ORS 197A.438 Restriction on parks in commercial or industrial zones. (1) Except as provided by ORS 446.105, a mobile home or manufactured dwelling park shall not be established on land, within an urban growth boundary, which is planned or zoned for commercial or industrial use
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(2) Notwithstanding the provisions of subsection (1) of this section, if no other access is available, access to a mobile home or manufactured dwelling park may be provided through a commercial or industrial zone. [Formerly 197.490]
ORS 197A.440 Replacement of park destroyed by natural disaster. (1) As used in this section, “natural disaster” includes any disaster resulting in the declaration of a state of emergency under ORS 401.165 or 401.309 for wildfires, floods, tsunamis, earthquakes or similar events, including disasters began by negligent or intentional acts
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(2) Notwithstanding ORS 215.130 (5) to (11) or any land use regulation, statewide land use planning goal or Land Conservation and Development Commission rule, a local government: (a) Shall, if the development complies with the local government’s floodplain and other natural hazar…
ORS 197A.445 Affordable housing allowed outright; commercial conversion to residential use; affordable housing density bonus. (1) As used in this section
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(a) “Affordable housing” means residential property: (A) In which: (i) Each unit on the property is made available to own or rent to families with incomes of 80 percent or less of the area median income; (ii) The average of all units on the property is made available to families …
ORS 197A.447 Planning and uses of home start lands for affordable housing. (1) A local government shall allow home start lands to be divided, replatted, developed or used for single-family housing, middle housing or more dense residential uses for which the land is zoned
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(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 go…
ORS 197A.449 Conversion of hotel or motel to emergency shelter or affordable housing. (1) Except as provided in this section and notwithstanding any statewide land use planning goals or land use regulations, a local government shall unconditionally allow the conversion of the lawful use of a property
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(a) From use as a hotel or motel, to use as an emergency shelter. (b) From use as a hotel or motel, or a hotel or motel that was converted to an emergency shelter under paragraph (a) of this subsection, to use as affordable housing. (2) This section applies only to areas: (a) Wit…
ORS 197A.452 Transitional housing accommodations. (1) Inside an urban growth boundary, a local government may authorize the establishment of transitional housing accommodations used as individual living units by one or more individuals. Use of transitional housing accommodations is limited to individuals who lack permanent or safe shelter and who cannot be placed in other low income housing. A local government may limit the maximum amount of time that an individual or a family may use the accommodations
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(2) Transitional housing accommodations are intended to be used by individuals or families on a limited basis for seasonal, emergency or transitional housing purposes and may include yurts, huts, cabins, fabric structures, tents and similar accommodations, as well as areas in par…
ORS 197A.460 Residential use of commercial lands for affordable housing. (1) Notwithstanding an acknowledged comprehensive plan or land use regulations, within an urban growth boundary a local government shall allow, on lands zoned to allow only commercial uses and not industrial uses, the siting and development of
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(a) Residential structures subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making each unit affordable to a household with income less than or equal to 60 percent of the area median income as defined in ORS 456.270; or (b) Mixed use structures with…
ORS 197A.465 Local requirements to develop affordable housing. (1) As used in this section
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(a) “Affordable housing” means housing that is affordable to households with incomes equal to or higher than 80 percent of the median family income for the county in which the housing is built. (b) “Multiunit housing” means a structure that contains three or more housing units sh…
ORS 197A.470 Final action on affordable housing application; affordable housing developed by religious corporation. (1) As used in this section
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(a) “Affordable housing” means housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater, that is subject to an affordable housing cove…
ORS 197A.500 Definitions for ORS 197A.500 to 197A.521. As used in ORS 197A.500 to 197A.521, unless the context requires otherwise
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(1) “Affected local governments” means the cities and the counties within which the project improvements will be located. (2) “Criteria” means the land use criteria established by the Land Conservation and Development Commission as provided in ORS 197A.505. (3) “Development appro…
ORS 197A.502 Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally. (1) The Legislative Assembly finds that there is a compelling state interest in obtaining maximum federal funding for the Southwest Corridor MAX Light Rail Project in order to
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(a) Enhance the statewide transportation network; (b) Ensure the viability of the transportation system planned for the Portland metropolitan area; (c) Complete construction of the project in a timely and cost-effective manner; (d) Implement a significant portion of the Legislati…
ORS 197A.503 Preemptive effect of ORS 197A.500 to 197A.521. Notwithstanding ORS chapters 183, 192, 195, 197, 197A, 215 and 227 or any other provision of law, the procedures and requirements provided for in ORS 197A.500 to 197A.521 expressly preempt any vote requirements imposed by the charter of a local government and are the only land use procedures and requirements to which land use decisions and land use approvals of any kind related to the construction or operation of the project shall be subject. [2017 c.714 §3]
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Note: See note under 197A.500.
ORS 197A.505 Establishment of criteria for decisions in land use final order. (1) The Land Conservation and Development Commission shall establish criteria, according to the procedure described in this section, to be used by the Metro Council to make decisions in a land use final order on the project improvements for the project, including their locations
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(2) The commission shall hold a public hearing on the criteria to be established by the commission. (3) The commission shall publish notice of a public hearing on criteria to be established by the commission in a newspaper of general circulation within the Portland metropolitan a…
ORS 197A.507 Procedure for review of established criteria. (1) Notwithstanding ORS 183.400, 183.482, 183.484, 197.825 or any other law or regulation, exclusive jurisdiction to review a Land Conservation and Development Commission order establishing criteria under ORS 197A.505 is conferred on the Supreme Court
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(2) Proceedings for review of an order by the commission shall be initiated when any person who is adversely affected by the order files a petition for judicial review with the State Court Administrator. The petition must: (a) Be filed within seven days following the date of the …
ORS 197A.509 Development of land use final order; steering committee; application to council for land use final order; council procedures; public hearing; notice; staff report. (1)(a) On or before the date the Land Conservation and Development Commission adopts the order establishing the criteria under ORS 197A.505, Metro shall establish a steering committee, the initial membership of which shall include a representative from each of the following
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(A) Metro; (B) TriMet; (C) The Department of Transportation; and (D) Each affected local government. (b) The membership of the steering committee shall, at all times, include at least the members described in paragraph (a) of this subsection. The steering committee may approve ad…
ORS 197A.511 Land use final order; notice. (1)(a) Following a public hearing as provided in ORS 197A.509, the Metro Council shall either
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(A) Adopt a land use final order establishing the project improvements and locations applied for by TriMet; or (B) Continue the public hearing and refer the proposed project improvements and locations back to TriMet for further review. (b) If the council refers the proposed locat…
ORS 197A.513 Plan amendments; approvals; petition for writ of mandamus. (1) The state, Metro, all affected local governments and any affected special districts and political subdivisions shall
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(a) Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land use regulations, as necessary to be consistent with a land use final order adopted under ORS 197A.509 and 197A.511; and (b) …
ORS 197A.515 Land Use Board of Appeals review of land use final order. (1) Notwithstanding ORS 183.482, 183.484 or 197.825 and as provided by ORS 197A.500 to 197A.521, the Land Use Board of Appeals and the Supreme Court have exclusive jurisdiction for review of a land use final order adopted under ORS 197A.511 relating to the project
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(2) Proceedings for review of a land use final order shall be initiated with the Land Use Board of Appeals when any person with standing petitions for review under subsection (3) of this section. (3) The board shall consider a person to have standing if the person: (a) Appeared b…
ORS 197A.517 Supreme Court review of Land Use Board of Appeals opinion on land use final order. (1)(a) Review of the final opinion of the Land Use Board of Appeals shall be initiated when any person that appeared before the Land Use Board of Appeals under ORS 197A.515 petitions the Supreme Court to review the board’s final opinion as provided in this section
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(b) Within 14 days following the board’s issuance of its final opinion, the petitioner shall file a petition for judicial review and a brief with the State Court Administrator and serve copies of the petition and the brief on the board and all parties. (c) The petition must state…
ORS 197A.519 Amendments to land use final order. (1) Following execution of a Full Funding Grant Agreement, the Metro Council shall amend the land use final order to be consistent with the terms and conditions of the Full Funding Grant Agreement
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(2) The council shall remove, modify or defer one or more project improvements or measures if: (a) The federal government requires the removal, modification or deferral of portions of the approved project, or the removal, modification or deferral of measures is expressly provided…
ORS 197A.521 Failure to meet timeline. An action taken by the Land Conservation and Development Commission, the Metro Council, the Land Use Board of Appeals or the Supreme Court under ORS 197A.500 to 197A.521 is not invalid due to a failure to meet a timeline established under ORS 197A.500 to 197A.521. [2017 c.714 §12]
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Note: See note under 197A.500. HOUSING ACCOUNTABILITY AND PRODUCTION OFFICE
ORS 197A.800 Establishment of Housing Accountability and Production Office; rules. (1) The Department of Land Conservation and Development and the Department of Consumer and Business Services shall enter into an interagency agreement to establish and administer the Housing Accountability and Production Office
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(2) The Housing Accountability and Production Office shall: (a) Provide technical assistance, including assistance through grants, to local governments to: (A) Comply with housing laws; (B) Reduce permitting and land use barriers to housing production; and (C) Support reliable an…
ORS 197A.805 Office responses to violations of housing laws. (1) The Housing Accountability and Production Office shall establish a form or format through which the office receives allegations of local governments’ violations of housing laws that impact housing production. For complaints that relate to a specific development project, the office may receive complaints only from the project applicant. For complaints not related to a specific development project, the office may receive complaints from any person within the local government’s jurisdiction or the Department of Land Conservation and Development or the Department of Consumer and Business Services
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(2)(a) Except as provided in paragraph (c) of this subsection, the office shall investigate suspected violations of housing laws or violations credibly alleged under subsection (1) of this section. (b) The office shall develop consistent procedures to evaluate and determine the c…
ORS 197A.810 Office enforcement orders; order request notice; rules. (1) The Housing Accountability and Production Office may request an enforcement order under ORS 197A.805 (4)(a) requiring that a local government take action necessary to bring its comprehensive plan, land use regulation, limited land use decisions or other land use decisions or actions into compliance with a housing law, except for a housing law that pertains to the state building code or the administration of the code
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(2) Except as otherwise provided in this section, a request for an enforcement order by the office is subject to the applicable provisions of ORS 197.335 and ORS chapter 183 and is not subject to ORS 197.319, 197.324 or 197.328. (3) The office shall make a request for an enforcem…
ORS 197A.820 Housing Accountability and Production Office Fund. (1) The Housing Accountability and Production Office Fund is established in the State Treasury, separate and distinct from the General Fund
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(2) The Housing Accountability and Production Office Fund consists of moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. (3) Interest earned by the fund shall be credited to the fund. (4) Moneys in the fund are continuou…