justicedao/ipfs_state_laws huggingface dataset:
660-045-0140 Procedures After a Hearing Conducted by a Hearings Officer (1) If a hearings officer conducts the contested-case hearing, the hearings officer shall complete the following actions within 30 days of the date when the record closed: (a) Write a proposed order pursuant to ORS 197.328(3) and complying with ORS 197.335; (b) Send the proposed order to the commission. (2) After the commission receives the proposed order from the hearings officer, the commission must do the following: (a) Establish a date on which the commission will consider the proposed order; (b) Mail the proposed order to all parties; and (c) Mail to all parties the following information: (A) The date on which the commission will consider the proposed order; (B) A statement that the commission will limit its review as specified in Section (4) of this rule; (C) A statement that exceptions to the proposed order may be filed by parties to the case; and (D) A statement that exceptions to the proposed order must be received by the commission no later than 15 days after the order was mailed to the parties. (3) At least 16 days after the proposed order is mailed to the parties, the commission shall consider the proposed order and adopt a final order. The commission may adopt the proposed order as the final order, modify parts of the proposed order, or not use any part of the proposed order. (4) In reviewing the proposed order and adopting the final order, the commission shall not consider new evidence. The commission shall consider only the following: (a) The record of proceedings before the hearings officer; (b) Timely exceptions to the proposed order; (c) Arguments concerning the proposed order and exceptions; (d) Recommendations and information from the department. (5) The final order shall include findings of fact and conclusions of law as specified in ORS 197.335. The final order shall meet the requirements of OAR 137-003-0070, “Final Orders in Contested Cases.” (6) The commission shall adopt its final order within 120 days of the date on which the requester filed its petition for enforcement with the commission. (7) Within five days of the commission’s adoption of the final order, the department shall mail to all parties a copy of that order and its findings and conclusions. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0150 Procedures After a Hearing Conducted by the Commission (1) If the commission conducts the contested-case hearing, the commission shall adopt a final order within 30 days of the date when the record closed. The commission may adopt a final order on the same day that it conducts the contested-case hearing, or it may adopt a final order at a subsequent meeting within 30 days of the hearing. (2) The final order shall include findings of fact and conclusions of law as specified in ORS 197.335. The final order shall meet the requirements of OAR 137-003-0070, “Final Orders in Contested Cases.” (3) The commission shall adopt its final order within 120 days of the date on which the requester filed its petition for enforcement with the commission. (4) Within five days of the commission’s adoption of the final order, the department shall mail to all parties a copy of that order and its findings and conclusions. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0160 Mediation and Settlement (1) During the 60-day period specified in OAR 660-045-0050(1), the requester or the affected local government or district may request mediation services from the department. The department may provide such services. If the requester and the affected local government or district jointly request such services, the department must provide them, pursuant to ORS 197.319(2)(b). (2) A proceeding under this division may be delayed at any time to allow for mediation if both the requester and the affected local government or district agree to enter into such mediation. If either party withdraws from such mediation, the proceeding toward enforcement shall be resumed. (3) A proceeding under this division may be stopped at any time and disposed of through stipulation, agreed settlement, consent order, or default. A stipulation, agreed settlement, or consent order must be in writing and must be signed by both the requester and the affected local government or district. (4) A deadline set forth in this division may be altered or waived under these two conditions: (a) The requester and the affected local government or district both agree to such a change before the deadline is reached; and (b) The commission or hearings officer approves of such a change before the deadline is reached. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 183.415, 197.319, 197.320 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-045-0170 Terminating an Enforcement Order (1) The commission shall terminate an enforcement order if the commission finds that any one of these conditions exists: (a) The affected local government or district has complied with the requirements of the order; (b) A substantial change in circumstances has eliminated the need for corrective action of the type required by the order; or (c) A change in the applicable laws has rendered the enforcement order moot or has eliminated the need for corrective action of the type required by the order. (2) The commission may initiate proceedings to terminate an enforcement order without having received a request to terminate the order. If the commission decides to initiate such proceedings, it shall notify all parties and provide for their participation under the provisions of OAR 660-045-0110 to 0130. (3) An affected local government or district, a requester, or the department may request that an enforcement order be terminated. If the commission receives such a request, it shall notify all parties and provide for their participation under the provisions of OAR 660-045-0110 to 0130. (4) The commission may write an enforcement order so that it terminates automatically when a specified date is reached or when an action specified in the order has been completed by the affected local government or district. If an order specifies such a termination date or action, the order shall terminate without notice to the parties and without further action by the department or commission when the termination date passes or when the termination action is completed. If an enforcement order contains no provision for automatic termination, then it shall remain in effect until the commission terminates the order in accordance with this rule. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.319 - 197.335 & 197.646 History: LCDD 5-1998, f. & cert. ef. 9-23-98
660-046-0000 Purpose The purpose of this division is to prescribe standards guiding the development of Middle Housing types as provided in Oregon Laws 2019, chapter 639. OAR 660-046-0010 to OAR 660-046-0235 establish standards related to the siting and design of Middle Housing types in urban growth boundaries. OAR 660-046-0300 to OAR 660-046-0370 establish the form and substance of an application and the review process to delay the enactment of standards related to the siting and design of Middle Housing types in areas with significant infrastructure deficiencies. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, amend filed 12/29/2020, effective 12/31/2020 LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0030 Implementation of Middle Housing Ordinances (1) Before a local government amends an acknowledged comprehensive plan or a land use regulation to allow Middle Housing, the local government must submit the proposed amendment to the Department for review and comment pursuant to OAR chapter 660, division 18. (2) In adopting or amending regulations or amending a comprehensive plan to allow Middle Housing, a local government must include findings demonstrating consideration, as part of the post-acknowledgement plan amendment process, of methods to increase the affordability of Middle Housing through ordinances or policies that include but are not limited to: (a) Waiving or deferring system development charges; (b) Adopting or amending criteria for property tax exemptions under ORS 307.515 to ORS 307.523, ORS 307.540 to ORS 307.548 or ORS 307.651 to ORS 307.687 or property tax freezes under ORS 308.450 to ORS 308.481; and (c) Assessing a construction tax under ORS 320.192 and ORS 320.195. (3) When a local government amends its comprehensive plan or land use regulations to allow Middle Housing, the local government is not required to consider whether the amendments significantly affect an existing or planned transportation facility. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0050 Eligible Local Governments (1) If a local government was not previously a Medium City and a certified Portland State University Population Research Center population estimate qualifies it as a Medium City, the local government must comply with this division within one year of its qualification as a Medium City. (2) If a local government was not previously a Large City and a certified Portland State University Population Research Center population estimate qualifies it as a Large City, the local government must comply with this division within two years of its qualification as a Large City. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, amend filed 12/29/2020, effective 12/31/2020 LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0100 Purpose of Middle Housing in Medium Cities OAR 660-046-0105 through OAR 660-046-0130 are intended to measure compliance with ORS 197.758 et seq and Goal 10 Housing for Medium Cities. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0105 Applicability of Middle Housing in Medium Cities (1) A Medium City must allow for the development of a Duplex, including those Duplexes created through conversion of an existing detached single-family dwelling, on each Lot or Parcel zoned for residential use that allows for the development of detached single-family dwellings. (2) OAR 660-046-0105 through OAR 660-046-0130 do not require a Medium City to allow more than two dwellings units on a Lot or Parcel, including any accessory dwelling units. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0110 Provisions Applicable to Duplexes in Medium Cities (1) Medium Cities may regulate Duplexes to comply with protective measures, including plans, policies and regulations, as provided in OAR 660-046-0010(3). (2) Medium Cities may regulate siting and design of Duplexes, provided that the regulations: (a) Are clear and objective standards, conditions, or procedures consistent with ORS 197.307; and (b) Do not, individually or cumulatively, discourage the development of Duplexes through unreasonable costs or delay. (3) Siting and design standards that create unreasonable cost and delay include any standards applied to Duplex development that are more restrictive than those applicable to detached single-family dwellings in the same zone. (4) Siting and design standards that do not, individually or cumulatively, discourage the development of Duplexes through unreasonable cost and delay include only the following: (a) Regulations to comply with protective measures adopted pursuant to statewide land use planning goals provided in OAR 660-046-0010(3); (b) Permitted uses and approval process provided in OAR 660-046-0115; (c) Siting standards provided in OAR 660-046-0120; (d) Design standards in Medium Cities provided in OAR 660-046-0125; (e) Duplex Conversions provided in OAR 660-046-0130; and (f) Any siting and design standards in the Model Code contained in section OAR 660-046-0010(4)(a). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, amend filed 12/29/2020, effective 12/31/2020 LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0115 Permitted Uses and Approval Process Medium Cities must apply the same approval process to Duplexes as detached single-family dwellings in the same zone. Pursuant to OAR 660-007-0015, OAR 660-008-0015, and ORS 197.307, Medium Cities may adopt and apply only clear and objective standards, conditions, and procedures regulating the development of Duplexes. Nothing in this rule prohibits a Medium City from adopting an alternative approval process for applications and permits for Middle Housing based on approval criteria that are not clear and objective as provided in OAR 660-007-0015(2), OAR 660-008-0015(2), and ORS 197.307(6). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, amend filed 12/29/2020, effective 12/31/2020 LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0120 Duplex Siting Standards in Medium Cities The following standards apply to all Duplexes: (1) Minimum Lot or Parcel Size: A Medium City may not require a minimum Lot or Parcel size that is greater than the minimum Lot or Parcel size required for a detached single-family dwelling in the same zone. Additionally, Medium Cities shall allow the development of a Duplex on any property zoned to allow detached single-family dwellings, which was legally created prior to the Medium City’s current lot size minimum for detached single-family dwellings in the same zone. (2) Density: If a Medium City applies density maximums in a zone, it may not apply those maximums to the development of Duplexes. (3) Setbacks: A Medium City may not require setbacks to be greater than those applicable to detached single-family dwellings in the same zone. (4) Height: A Medium City may not apply lower maximum height standards than those applicable to detached single-family dwellings in the same zone. (5) Parking: (a) A Medium City may not require more than a total of two off-street parking spaces for a Duplex. (b) Nothing in this section precludes a Medium City from allowing on-street parking credits to satisfy off-street parking requirements. (6) Lot Coverage and Floor Area Ratio: Medium Cities are not required to apply lot coverage or floor area ratio standards to new Duplexes. However, if the Medium City chooses to apply lot coverage or floor area ratio standards, it may not establish a cumulative lot coverage or floor area ratio for a Duplex that is less than established for detached single-family dwelling in the same zone. (7) A Medium City or other utility service provider that grants clear and objective exceptions to public works standards to detached single-family dwelling development must allow the granting of the same exceptions to Duplexes. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, amend filed 12/29/2020, effective 12/31/2020 LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0125 Duplex Design Standards in Medium Cities (1) Medium Cities are not required to apply design standards to new Duplexes. However, if the Medium City chooses to apply design standards to new Duplexes, it may only apply the same clear and objective design standards that the Medium City applies to detached single-family structures in the same zone. (2) A Medium City may not apply design standards to Duplexes created as provided in OAR 660-046-0130. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0130 Duplex Conversions Conversion of an existing detached single-family dwelling to a Duplex is allowed, pursuant to OAR 660-046-0105(2), provided that the conversion does not increase nonconformance with applicable clear and objective standards in the Medium City’s development code, unless increasing nonconformance is otherwise allowed by the Medium City . Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 12-2020, adopt filed 07/31/2020, effective 08/03/2020
660-046-0200 Purpose of Middle Housing in Large Cities OAR 660-046-0205 through OAR 660-046-0235 are intended to measure compliance with ORS 197.758 and Goal 10 Housing for Large Cities. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, adopt filed 12/29/2020, effective 12/31/2020
660-046-0210 Provisions Applicable to Middle Housing in Large Cities (1) Large Cities may regulate Middle Housing to comply with protective measures, including plans, policies and regulations, as provided in OAR 660-046-0010(3). (2) Large Cities may regulate siting and design of Middle Housing, provided that the regulations: (a) Are clear and objective standards, conditions, or procedures consistent with the requirements of ORS 197.307; and (b) Do not, individually or cumulatively, discourage the development of Middle Housing through unreasonable costs or delay. (3) Siting and design standards that do not, individually or cumulatively, discourage the development of Middle Housing through unreasonable cost and delay include only the following: (a) Regulations to comply with protective measures adopted pursuant to statewide land use planning goals provided in OAR 660-046-0010(3); (b) Permitted uses and approval processes provided in OAR 660-046-0215; (c) Siting standards provided in OAR 660-046-0220; (d) Design standards in Large Cities provided in OAR 660-046-0225; (e) Middle Housing Conversions provided in OAR 660-046-0230; (f) Alternative siting or design standards provided in OAR 660-046-0235; and (g) Any siting and design standards in the Model Code contained in OAR 660-046-0010(4)(b). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, adopt filed 12/29/2020, effective 12/31/2020
660-046-0215 Permitted Uses and Approval Process Large Cities must apply the same approval process to Middle Housing as detached single-family dwellings in the same zone. Pursuant to OAR 660-008-0015 and ORS 197.307, Large Cities may adopt and apply only clear and objective standards, conditions, and procedures regulating the development of Middle Housing consistent with the requirements of ORS 197.307. Nothing in this rule prohibits a Large City from adopting an alternative approval process for applications and permits for Middle Housing based on approval criteria that are not clear and objective as provided in OAR 660-007-0015(2), OAR 660-008-0015(2), and ORS 197.307(6). Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, adopt filed 12/29/2020, effective 12/31/2020
660-046-0225 Middle Housing Design Standards in Large Cities (1) A Large City is not required to apply design standards to Middle Housing. However, if a Large City chooses to apply design standards to Middle Housing, it may only apply the following: (a) Design standards in the Model Code for Large Cities as provided in OAR 660-046-0010(4)(b); (b) Design standards that are less restrictive than those in the Model Code for Large Cities as provided in OAR 660-046-0010(4)(b); (c) The same clear and objective design standards that the Large City applies to detached single-family structures in the same zone. Design standards may not scale by the number of dwelling units or other features that scale with the number of dwelling units, such as primary entrances. Design standards may scale with form-based attributes, including but not limited to floor area, street-facing façade, height, bulk, and scale; or (d) Alternative design standards as provided in OAR 660-046-0235. (2) A Large City may not apply design standards to Middle Housing created as provided in OAR 660-046-0230. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, adopt filed 12/29/2020, effective 12/31/2020
660-046-0230 Middle Housing Conversions (1) Additions to, or conversions of, an existing detached single-family dwelling into Middle Housing is allowed in a Large City pursuant to OAR 660-046-0205(2), provided that the addition or conversion does not increase nonconformance with applicable clear and objective standards, unless increasing nonconformance is otherwise permitted by the Large City’s development code. (2) If Middle Housing is created through the addition to, or conversion of, an existing detached single-family dwelling, a Large City or other utility service provider that grants clear and objective exceptions to public works standards to detached single-family dwelling development must allow the granting of the same exceptions to Middle Housing. (3) An existing detached single-family dwelling may remain on a Lot or Parcel with a Cottage Cluster as described below: (a) The existing single-family dwelling may be nonconforming with respect to the requirements of the applicable code; (b) The existing single-family dwelling may be expanded up to the maximum height, footprint, or unit size required by the applicable code; however, an existing single-family dwelling that exceeds the maximum height, footprint, or unit size of the applicable code may not be expanded; (c) The existing single-family dwelling shall count as a unit in the Cottage Cluster; (d) The floor area of the existing single-family dwelling shall not count towards any Cottage Cluster average or Cottage Cluster project average or total unit size limits; and (e) A Large City may apply a time limit on the conversion of a single-family dwelling to a Cottage Cluster not to exceed five years. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, adopt filed 12/29/2020, effective 12/31/2020
660-046-0235 Alternative Siting or Design Standards A Large City may adopt Siting or Design Standards not authorized by OAR 660-046-0220 or OAR 660-046-0225 as allowed if the city can demonstrate that it meets the applicable criteria in this section. Alternative Siting or Design standards do not include minimum Lot or Parcel size and maximum density requirements. If a Large City proposes to adopt alternative Siting or Design Standards, the Large City must submit to the Department findings and analysis demonstrating that the proposed standard or standards will not, individually or cumulatively, cause unreasonable cost or delay to the development of Middle Housing. To demonstrate that, the Large City must consider how a standard or standards, individually and cumulatively, affect the following factors in comparison to what is would otherwise be required under OAR 660-046-0220 or OAR 660-046-0225: (1) The total time and cost of construction, including design, labor, and materials; (2) The total cost of land; (3) The availability and acquisition of land, including in areas with existing development; (4) The total time and cost of permitting and fees required to make land suitable for development; (5) The cumulative livable floor area that can be produced; and (6) The proportionality of cumulative time and cost imposed by the proposed standard or standards in relationship to the public need or interest the standard or standards fulfill. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.758 History: LCDD 18-2020, adopt filed 12/29/2020, effective 12/31/2020