justicedao/ipfs_state_laws huggingface dataset:
660-012-0360 Key Destinations (1) Cities and counties shall use best available data to identify key destinations for purposes of coordinated land use and transportation planning. Key destinations are destinations described in this rule, as well as other destinations determined locally that are expected to attract a higher than average rate of pedestrian, bicycle, or transit trips. (2) Key destinations may include, but are not limited to: (a) Climate-friendly areas; (b) Pedestrian-oriented commercial areas outside of climate-friendly areas; (c) Transit stations, stops, and terminals; (d) Retail and service establishments, including grocery stores; (e) Child care facilities, schools, and colleges; (f) Parks, recreation centers, paths, trails, and open spaces; (g) Farmers markets; (h) Libraries, government offices, community centers, arts facilities, post offices, social service centers, and other civic destinations; (i) Medical or dental clinics and hospitals; (j) Major employers; (k) Gyms and health clubs; (l) Major sports or performance venues; and (m) Other key destinations determined locally. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0400 Parking Management (1) OAR 660-012-0400 through OAR 660-012-0450 apply to: (a) Cities within metropolitan areas; and (b) Portions of counties in a metropolitan area within an urban growth boundary, where the population of the unincorporated area within the urban growth boundary is 5,000 or more, and the area is served with urban water and sanitary services. (2) Cities and counties shall adopt comprehensive plans and land use regulations that implement provisions of OAR 660-012-0405 through OAR 660-012-0415. (3) Cities and counties shall remove parking mandates as directed under OAR 660-012-0420. In lieu of removing parking mandates, cities and counties may amend their comprehensive plans and land use regulations to implement the provisions of OAR 660-012-0425, OAR 660-012-0430, OAR 660-012-0435, OAR 660-012-0440, OAR 660-012-0445, and OAR 660-012-0450. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0410 Electric Vehicle Charging (1) This rule applies to cities within a metropolitan area. (2) Cities shall ensure new development supports electric vehicle charging pursuant to amendments to the state building code adopted pursuant to ORS 455.417. (3) As authorized in ORS 455.417(4), for new multifamily residential buildings with five or more residential dwelling units, and new mixed-use buildings consisting of privately owned commercial space and five or more residential dwelling units, cities shall require the provision of electrical service capacity, as defined in ORS 455.417, to serve 40 percent of all vehicle parking spaces. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 455.417 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0420 Exemption for Communities without Parking Mandates (1) Cities and counties that adopt land use regulations that do not include parking mandates are exempt from OAR 660-012-0425 through OAR 660-012-0450. (2) Cities and counties that retain land use regulations with parking mandates shall conform with OAR 660-012-0425 through OAR 660-012-0450. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0425 Reducing the Burden of Parking Mandates (1) This rule applies to cities and counties that: (a) Are within a metropolitan area; and (b) Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. (2) Cities and counties shall adopt and enforce land use regulations as provided in this section: (a) Garages and carports may not be required for residential developments; (b) Garage parking spaces shall count towards off-street parking mandates; (c) Provision of shared parking shall be allowed to meet parking mandates; (d) Required parking spaces may be provided off-site, within 2,000 feet pedestrian travel of a site. If any non-loading parking is provided on site, all required parking for people with disabilities shall be on site. If all parking is off-site, parking for people with disabilities must be located within the shortest possible distance of an accessible entrance via an accessible path and no greater than 200 feet from that entrance; (e) Parking mandates shall be reduced by one off-street parking space for each three kilowatts of capacity in solar panels or wind power that will be provided in a development; (f) Parking mandates shall be reduced by one off-street parking space for each dedicated car-sharing parking space in a development. Dedicated car-sharing parking spaces shall count as spaces for parking mandates; (g) Parking mandates shall be reduced by two off-street parking spaces for every electric vehicle charging station provided in a development. Parking spaces that include electric vehicle charging while an automobile is parked shall count towards parking mandates; and (h) Parking mandates shall be reduced by one off-street parking space for every two units in a development above minimum requirements that are fully accessible to people with mobility disabilities. (3) Any reductions under section (2) shall be cumulative and not capped. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 5-2023, temporary amend filed 05/12/2023, effective 05/12/2023 through 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0430 Reduction of Parking Mandates for Development Types (1) This rule applies to cities and counties that: (a) Are within a metropolitan area; and (b) Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. (2) Cities and counties may not require more than one parking space per unit in residential developments with more than one dwelling unit on a single legally-established property. (3) Cities and counties may not enforce parking mandates for the following development or use types: (a) Facilities and homes designed to serve people with psychosocial, physical, intellectual or developmental disabilities, including but not limited to a: residential care facility, residential training facility, residential treatment facility, residential training home, residential treatment home, and conversion facility as defined in ORS 443.400; (b) Child care facility as defined in ORS 329A.250; (c) Single-room occupancy housing; (d) Residential units smaller than 750 square feet; (e) Affordable housing as defined in OAR 660-039-0010; (f) Publicly supported housing as defined in ORS 456.250; (g) Emergency and transitional shelters for people experiencing homelessness; and (h) Domestic violence shelters. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.712, ORS 329A.250, ORS 443.400 & ORS 456.250 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0435 Parking Reform in Climate-Friendly Areas (1) This rule applies to cities and counties that: (a) Are within a metropolitan area; and (b) Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. (2) Cities and counties shall adopt land use regulations addressing parking mandates in climate-friendly areas as provided in OAR 660-012-0310. Cities and counties in Metro shall adopt land use regulations addressing parking mandates in Metro Region 2040 centers. In each such area, cities and counties shall either: (a) Remove all parking mandates within the area and on parcels in its jurisdiction that include land within one-quarter mile distance of those areas; or (b) Manage parking by: (A) Adopting a parking benefit district with paid on-street parking and some revenues dedicated to public improvements in the area; (B) Adopting land use regulations requiring no more than one-half off-street parking space per dwelling unit in the area that is not a townhouse or rowhouse; and (C) Adopting land use regulations without parking mandates for commercial developments. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 5-2023, temporary amend filed 05/12/2023, effective 05/12/2023 through 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0440 Parking Reform Near Transit Corridors (1) This rule applies to cities and counties that: (a) Are within a metropolitan area; and (b) Have not adopted land use regulations without parking mandates as provided in OAR 660-012-0420. (2) Cities and counties may not enforce parking mandates for developments on a lot or parcel that includes lands within three-quarters mile of rail transit stops. (3) Cities and counties may not enforce parking mandates for developments on a lot or parcel that includes lands within one-half mile of frequent transit corridors, including: (a) Priority transit corridors designated under OAR 660-012-0710; (b) Corridors with transit service arriving with a scheduled frequency of at least four times an hour during peak service; and (c) If a community has no corridor qualifying under subsection (b), corridors with the most frequent transit service in the community if the scheduled frequency is at least once per hour during peak service. (4) Cities and counties may use either walking distance or straight-line distance in measuring distances in this rule. (5) In determining the extent of lands subject to subsection (3)(b) or (c), a city or county shall either: (a) Evaluate current service frequencies on the date a land use application is submitted, provided the application remains valid for review pursuant to ORS 215.427 or ORS 227.178, or (b) Adopt a map designating these lands based on service frequency on the date development codes implementing this rule are adopted. The city or county must update the map at least once per year from the date of adoption if services frequencies change and additional lands become subject to subsection (3)(b) or (c). The city or county must use subsection (5)(a) if additional lands are subject to subsections (3)(b) or (c) and the adopted map is more than one year old. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0450 Parking Management in More Populous Communities (1) Cities with populations over 100,000 shall either: (a) Adopt land use regulations without parking mandates; or (b) Price at least 10 percent of on-street parking spaces, and report the percentage of on-street parking spaces that are priced as provided in OAR 660-012-0900. Residential parking permits priced at lower than $15 per month, 50 cents per day per space, or equivalent amounts do not count towards this total. (2) Cities may change their selection made between subsections (1)(a) or (b) at any time. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0500 Pedestrian System Planning (1) Transportation system plans must include a pedestrian system element that meets the requirements of this rule. For the purposes of this division, the pedestrian system is intended to serve people walking and those using mobility devices or other devices that operate at a similar speed and scale as people walking. The pedestrian system is intended to serve most short trips under one mile in cities. (2) A pedestrian system element must include the following elements: (a) The complete pedestrian system as described in section (3) of this rule that includes the full buildout of the pedestrian system within the urban growth boundary; (b) Identification of gaps and deficiencies in the pedestrian system as described in section (4); (c) Locations of key pedestrian destinations identified as provided in OAR 660-012-0360; and (d) A list of prioritized pedestrian system projects developed as provided in OAR 660-012-0520. (3) The complete pedestrian system is the full buildout of a complete pedestrian system within the planning area. A city or county determines the complete pedestrian system plan by: (a) Using the pedestrian system inventory developed under OAR 660-012-0505 as a base; (b) Adding the minimum pedestrian facilities to places that do not presently meet the minimum pedestrian system requirements in OAR 660-012-0510; and (c) Adding enhanced facilities above the minimum pedestrian system requirements where the city or county finds that enhanced facilities are necessary or desirable to meet the goals of the jurisdiction’s comprehensive plan. (4) Cities and counties shall identify gaps and deficiencies in the pedestrian system by comparing the complete pedestrian system plan with the pedestrian system inventory developed under OAR 660-012-0505. Cities or counties must include any part of the complete pedestrian system not presently built to the standard in the complete pedestrian system plan as a gap or deficiency. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0505 Pedestrian System Inventory (1) Pedestrian system inventories must include information on pedestrian facilities and street crossings for all areas within climate-friendly areas, within Metro Region 2040 centers, within one-quarter mile of all primary and secondary schools, and along all arterials and collectors. Pedestrian system inventories should include information on pedestrian facilities and street crossings for all areas within the planning area. (a) Inventories of pedestrian facilities must include information on width and condition. (b) Inventories of street crossings must include crossing distances, the type of crossing, closed crossings, curb ramps, and distance between crossings. (2) Pedestrian system inventories must include the crash risk factors of inventoried pedestrian facilities, including but not limited to speed, volume, and roadway width. Pedestrian system inventories must also include the location of all reported injuries and deaths of people walking or using a mobility device. This must include all reported incidents from the most recent five years of available data prior to the year of adoption of the pedestrian system inventory. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0520 Pedestrian System Projects (1) Cities and counties shall develop a list of pedestrian system projects that would address all the gaps and deficiencies in the pedestrian system identified by the city under OAR 660-012-0500(4). (2) Cities and counties shall develop pedestrian project prioritization factors that are able to sort the list of pedestrian system projects into a prioritized list of pedestrian system projects. Cities must develop pedestrian project prioritization factors by engaging underserved populations as provided in OAR 660-012-0130. (3) Cities and counties shall use the following factors when prioritizing pedestrian system projects: (a) Pedestrian system investments in climate-friendly areas and Metro Region 2040 centers; (b) Pedestrian system investments in areas with concentrations of underserved populations; (c) Pedestrian system investments in areas with pedestrian safety risk factors such as roadways with high speeds and high traffic volumes; (d) Pedestrian system investments in areas with reported crashes involving pedestrian serious injuries and deaths; (e) Pedestrian system investments that provide access to key pedestrian destinations identified as provided in OAR 660-012-0360; (f) Pedestrian system investments that will connect to, fill gaps in, and expand the existing pedestrian network; (g) Pedestrian system investments that prioritize pedestrian travel consistent with the prioritization factors in OAR 660-012-0155; and (h) Where applicable, pedestrian system investments that implement a scenario plan approved by order as provided in OAR 660-044-0120. (4) The transportation system plan must include a description of the prioritization factors and method of prioritizing pedestrian projects used to develop the prioritized list of pedestrian system projects. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0600 Bicycle System Planning (1) Transportation system plans must include a bicycle system element that meets the requirements of this rule. The bicycle system must be designed to provide safe and comfortable routes for a range of users and abilities. For the purposes of this division, the bicycle system is intended to serve people riding bicycles and other vehicles that operate at a similar speed and scale to people riding bicycles. These vehicles include, but are not limited to: electric bicycles, kick-style and electric scooters, and skateboards; and do not include motorcycles. (2) A bicycle system element must include the following elements: (a) The complete bicycle system as described in section (3) that includes the full buildout of the bicycle system within the urban growth boundary; (b) Identification of gaps and deficiencies in the bicycle system as described in section (4); (c) Locations of key bicycle destinations identified as provided in OAR 660-012-0360; and (d) A list of prioritized bicycle system projects developed as provided in OAR 660-012-0620. (3) The complete bicycle system is the full buildout of a complete bicycle system within the planning area. A city or county determines the complete bicycle system plan by: (a) Using the bicycle system inventory developed under OAR 660-012-0605 as a base; (b) Adding the minimum bicycle facilities to places that do not presently meet the minimum bicycle system requirements in OAR 660-012-0610; and (c) Adding enhanced facilities above the minimum bicycle system requirements where the city or county finds that enhanced facilities are necessary or desirable to meet the goals of the jurisdiction’s comprehensive plan. (4) Cities and counties shall identify gaps and deficiencies in the bicycle system by comparing the complete bicycle system with the bicycle system inventory developed under OAR 660-012-0605. Cities must include any part of the complete bicycle system not presently built to the standard in the complete bicycle plan as a gap or deficiency. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0605 Bicycle System Inventory (1) Bicycle system inventories must include information on bicycle lanes, bicycle routes, accessways, paths, and other types of bicycle facilities, including pedestrian facilities that may be used by bicycles. Inventories must include information on width, type, and condition. (2) Bicycle system inventories must include information on bicycle facilities of all types within climate-friendly areas, within Metro Region 2040 centers, within one-quarter mile of all primary and secondary schools, on bicycle boulevards, and along all arterials and collectors. Bicycle system inventories should include information on bicycle facilities and street crossings for all areas within the planning area. (3) Bicycle system inventories must include the crash risk factors of inventoried bicycle facilities, including but not limited to speed, volume, separation, and roadway width. Bicycle system inventories must also include the location of all reported injuries and deaths of people on bicycles. This must include all reported incidents from the most recent five years of available data prior to the year of adoption of the bicycle system inventory. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0620 Bicycle System Projects (1) Cities and counties shall develop a list of bicycle system projects that would address all the gaps and deficiencies in the bicycle system identified by the city under OAR 660-012-0600(4). (2) Cities and counties shall develop bicycle project prioritization factors that are able to sort the list of bicycle system projects into a prioritized list of bicycle system projects. Cities must develop bicycle project prioritization factors by engaging underserved populations as provided in OAR 660-012-0130. (3) Cities and counties shall use the following factors when prioritizing bicycle system projects: (a) Bicycle system investments in climate-friendly areas and Metro Region 2040 centers; (b) Bicycle system investments in areas with concentrations of underserved populations; (c) Bicycle system investments in areas with safety risk factors such as roadways with high speeds and high traffic volumes; (d) Bicycle system investments in areas with reported crashes involving serious injuries and deaths to people riding bicycles; (e) Bicycle system investments that provide access to key bicycle destinations identified as provided in OAR 660-012-0360; (f) Bicycle system investments system investments that will connect to, fill gaps in, and expand the existing bicycle system network; (g) Bicycle system investments that prioritize bicycle travel consistent with the prioritization factors in OAR 660-012-0155; and (h) Where applicable, bicycle system investments that implement a scenario plan approved by order as provided in OAR 660-044-0120. (4) The transportation system plan must include a description of the prioritization factors and method of prioritizing bicycle projects used to develop the prioritized list of bicycle system projects. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022