15 chapters · 966 sections in this title.
ORS 197A.386 Crisis stabilization centers
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(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 …
ORS 197A.395 Limits on local government prohibitions
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(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 ad…
ORS 197A.400 Clear and objective approval criteria required; alternative approval process
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(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: (A) The development of housing; and (B) Tree removal codes related to the development of housing. (b) The …
ORS 197A.402 Local approval of land division or construction of housing; conditions of approval
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(1) As used in this section: (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 …
ORS 197A.408 Adoption of preapproved residential development types; rules
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(1) The definitions in ORS 197A.420 apply to this section. (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 …
ORS 197A.420 Duplexes; middle housing
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(1) As used in this section and ORS 197A.421: (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 t…
ORS 197A.421 Additional accessible or affordable middle housing units
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(1) As used in this section: (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 reference…
ORS 197A.425 Accessory dwelling units
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(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 s…
ORS 197A.430 Single room occupancies
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(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 occu…
ORS 197A.431 Policy
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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]
ORS 197A.432 Siting of manufactured home or prefabricated structure
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(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. (2) This section does no…
ORS 197A.434 Prohibition of restrictions on manufactured dwelling or prefabricated structure
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(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. (2) A jurisdiction may not prohibit placement of a manufactured dwel…
ORS 197A.436 Planning for parks; inventory; placement and design standards
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(1) Each city and county governing body shall provide for mobile home or manufactured dwelling parks as an allowed use: (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 reside…
ORS 197A.438 Restriction on parks in commercial or industrial zones
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(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. (2) Notwithstanding the provisions of subsection (1) of this section, …
ORS 197A.440 Replacement of park destroyed by natural disaster
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(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. (2) …
ORS 197A.445 Affordable housing allowed outright; commercial conversion to residential use; affordable housing density bonus
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(1) As used in this section: (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 i…
ORS 197A.447 Planning and uses of home start lands for affordable housing
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(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. (2) A local government may adopt, by ordinance, application approval, siting or de…
ORS 197A.449 Conversion of hotel or motel to emergency shelter or affordable housing
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(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: (a) From use as a hotel or motel, to use as an emergency shelte…
ORS 197A.452 Transitional housing accommodations
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(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 sa…
ORS 197A.460 Residential use of commercial lands for affordable housing
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(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: (a) Residential structures subject …
ORS 197A.465 Local requirements to develop affordable housing
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(1) As used in this section: (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 t…
ORS 197A.470 Final action on affordable housing application; affordable housing developed by religious corporation
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(1) As used in this section: (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 …
ORS 197A.500 Definitions for ORS 197A.500 to 197A.521
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As used in ORS 197A.500 to 197A.521, unless the context requires otherwise: (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 an…
ORS 197A.502 Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally
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(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: (a) Enhance the statewide transportation network; (b) Ensure the viability of the transportation system…
ORS 197A.503 Preemptive effect of ORS 197A.500 to 197A.521
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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 us…
ORS 197A.505 Establishment of criteria for decisions in land use final order
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(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.…
ORS 197A.507 Procedure for review of established criteria
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(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. (2) Proceedings for review …
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
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(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: (A) …
ORS 197A.511 Land use final order; notice
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(1)(a) Following a public hearing as provided in ORS 197A.509, the Metro Council shall either: (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 improvement…
ORS 197A.513 Plan amendments; approvals; petition for writ of mandamus
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(1) The state, Metro, all affected local governments and any affected special districts and political subdivisions shall: (a) Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land us…
ORS 197A.515 Land Use Board of Appeals review of land use final order
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(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. (2) Proceeding…
ORS 197A.517 Supreme Court review of Land Use Board of Appeals opinion on land use final order
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(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 boards final opinion as provided in this section. (b) Within 14 …
ORS 197A.519 Amendments to land use final order
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(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. (2) The council shall remove, modify or defer one or more project improvements or …
ORS 197A.521 Failure to meet timeline
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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…
ORS 197A.800 Establishment of Housing Accountability and Production Office; rules
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(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. (2) The Housing Accountability and Production Offic…
ORS 197A.805 Office responses to violations of housing laws
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(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 o…
ORS 197A.810 Office enforcement orders; order request notice; rules
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(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 …
ORS 197A.820 Housing Accountability and Production Office Fund
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(1) The Housing Accountability and Production Office Fund is established in the State Treasury, separate and distinct from the General Fund. (2) The Housing Accountability and Production Office Fund consists of moneys appropriated, allocated, deposited or transferred to the fund …