justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.660. Definitions. As used in ORS 197.660 to 197.670, 215.213, 215.263, 215.283, 215.284 and 443.422: (1) Residential facility means a residential care, residential training or residential treatment facility, as those terms are defined in ORS 443.400, that provides residential care alone or in conjunction with treatment or training or a combination thereof for six to fifteen individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility. (2) Residential home means a residential treatment or training home, as defined in ORS 443.400, a residential facility registered under ORS 443.480 to 443.500 or an adult foster home licensed under ORS 443.705 to 443.825 that provides residential care alone or in conjunction with treatment or training or a combination thereof for five or fewer individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential home. (3) Zoning requirement means any standard, criteria, condition, review procedure, permit requirement or other requirement adopted by a city or county under the authority of ORS chapter 215 or 227 that applies to the approval or siting of a residential facility or residential home. A zoning requirement does not include a state or local health, safety, building, occupancy or fire code requirement.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.663. Legislative findings. The Legislative Assembly finds and declares that: (1) It is the policy of this state that persons with disabilities and elderly persons are entitled to live as normally as possible within communities and should not be excluded from communities because their disability or age requires them to live in groups; (2) There is a growing need for residential homes and residential facilities to provide quality care and protection for persons with disabilities and elderly persons and to prevent inappropriate placement of such persons in state institutions and nursing homes; (3) It is often difficult to site and establish residential homes and residential facilities in the communities of this state; (4) To meet the growing need for residential homes and residential facilities, it is the policy of this state that residential homes and residential facilities shall be considered a residential use of property for zoning purposes; and (5) It is the policy of this state to integrate residential facilities into the communities of this state. The objective of integration cannot be accomplished if residential facilities are concentrated in any one area.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.665. Locations of residential homes. (1) Residential homes shall be a permitted use in: (a) Any residential zone, including a residential zone which allows a single-family dwelling; and (b) Any commercial zone which allows a single-family dwelling. (2) A city or county may not impose any zoning requirement on the establishment and maintenance of a residential home in a zone described in subsection (1) of this section that is more restrictive than a zoning requirement imposed on a single-family dwelling in the same zone. (3) A city or county may: (a) Allow a residential home in an existing dwelling in any area zoned for farm use, including an exclusive farm use zone established under ORS 215.203; (b) Impose zoning requirements on the establishment of a residential home in areas described in paragraph (a) of this subsection, provided that these requirements are no more restrictive than those imposed on other nonfarm single-family dwellings in the same zone; and (c) Allow a division of land for a residential home in an exclusive farm use zone only as described in ORS 215.263 (9).
ORS Chapter 197 — Comprehensive Land Use

ORS 197.667. Location of residential facility; application and supporting documentation. (1) A residential facility shall be a permitted use in any zone where multifamily residential uses are a permitted use. (2) A residential facility shall be a conditional use in any zone where multifamily residential uses are a conditional use. (3) A city or county may allow a residential facility in a residential zone other than those zones described in subsections (1) and (2) of this section, including a zone where a single-family dwelling is allowed. (4) A city or county may require an applicant proposing to site a residential facility within its jurisdiction to supply the city or county with a copy of the entire application and supporting documentation for state licensing of the facility, except for information which is exempt from public disclosure under ORS 192.311 to 192.478. However, cities and counties shall not require independent proof of the same conditions that have been required by the Department of Human Services under ORS 418.205 to 418.327 for licensing of a residential facility.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.670. Zoning requirements and prohibitions for residential homes and residential facilities. (1) As of October 3, 1989, no city or county shall: (a) Deny an application for the siting of a residential home in a residential or commercial zone described in ORS 197.665 (1). (b) Deny an application for the siting of a residential facility in a zone where multifamily residential uses are allowed, unless the city or county has adopted a siting procedure which implements the requirements of ORS 197.667. (2) Every city and county shall amend its zoning ordinance to comply with ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.675. [1989 c.964 4; repealed by 2001 c.613 1] FARMWORKER HOUSING
ORS Chapter 197 — Comprehensive Land Use

ORS 197.677. Policy. In that the agricultural workers in this state benefit the social and economic welfare of all of the people in Oregon by their unceasing efforts to bring a bountiful crop to market, the Legislative Assembly declares that it is the policy of this state to insure adequate agricultural labor accommodations commensurate with the housing needs of Oregons workers that meet decent health, safety and welfare standards. To accomplish this objective in the interest of all of the people in this state, it is necessary that: (1) Every state and local government agency that has powers, functions or duties with respect to housing, land use or enforcing health, safety or welfare standards, under this or any other law, shall exercise its powers, functions or duties consistently with the state policy declared by ORS 197.677 to 197.685, 197A.200, 197A.395, 197A.400, 197A.425, 215.213, 215.277, 215.283, 215.284 and 455.380 and in such manner as will facilitate sustained progress in attaining the objectives established; (2) Every state and local government agency that finds farmworker activities within the scope of its jurisdiction must make every effort to alleviate insanitary, unsafe and overcrowded accommodations; (3) Special efforts should be directed toward mitigating hazards to families and children; and (4) All accommodations must provide for the rights of free association to farmworkers in their places of accommodation.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.680. Legislative findings. The Legislative Assembly finds that: (1) This state has a large stock of existing farmworker housing that does not meet minimum health and safety standards and is in need of rehabilitation; (2) It is not feasible to rehabilitate much of the existing farmworker housing stock to meet building code standards; (3) In order to assure that minimum standards are met in all farmworker housing in this state, certain interim measures must be taken; and (4) Limited rehabilitation, outside city boundaries, must be allowed to a lesser standard than that set forth in the existing building codes.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.685. Location of farmworker housing; approval standards. (1) The availability of decent, safe and sanitary housing opportunities for farmworkers is a matter of statewide concern. (2) Farmworker housing within the rural area of a county shall be permitted in a zone or zones in rural centers and areas committed to nonresource uses. (3) Any approval standards, special conditions and procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.705. [1973 c.482 1; repealed by 1977 c.665 24] ECONOMIC DEVELOPMENT
ORS Chapter 197 — Comprehensive Land Use

ORS 197.707. Legislative intent. It was the intent of the Legislative Assembly in enacting ORS chapters 195, 196, 197, 197A, 215 and 227 not to prohibit, deter, delay or increase the cost of appropriate development, but to enhance economic development and opportunity for the benefit of all citizens.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.712. Commission duties; comprehensive plan provisions; public facility plans; state agency coordination plans; compliance deadline; rules. (1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the Legislative Assembly finds and declares that, in carrying out statewide comprehensive land use planning, the provision of adequate opportunities for a variety of economic activities throughout the state is vital to the health, welfare and prosperity of all the people of the state. (2) By the adoption of new goals or rules, or the application, interpretation or amendment of existing goals or rules, the Land Conservation and Development Commission shall implement all of the following: (a) Comprehensive plans shall include an analysis of the communitys economic patterns, potentialities, strengths and deficiencies as they relate to state and national trends. (b) Comprehensive plans shall contain policies concerning the economic development opportunities in the community. (c) Comprehensive plans and land use regulations shall provide for at least an adequate supply of sites of suitable sizes, types, locations and service levels for industrial and commercial uses consistent with plan policies. (d) Comprehensive plans and land use regulations shall provide for compatible uses on or near sites zoned for specific industrial and commercial uses. (e) A city or county shall develop and adopt a public facility plan for areas within an urban growth boundary containing a population greater than 2,500 persons. The public facility plan shall include rough cost estimates for public projects needed to provide sewer, water and transportation for the land uses contemplated in the comprehensive plan and land use regulations. Project timing and financing provisions of public facility plans shall not be considered land use decisions. (f) In accordance with ORS 197.180, state agencies that provide funding for transportation, water supply, sewage and solid waste facilities shall identify in their coordination programs how they will coordinate that funding with other state agencies and with the public facility plans of cities and counties. In addition, state agencies that issue permits affecting land use shall identify in their coordination programs how they will coordinate permit issuance with other state agencies and cities and counties. (g) Local governments shall provide: (A) Reasonable opportunities to satisfy local and rural needs for residential and industrial development and other economic activities on appropriate lands outside urban growth boundaries, in a manner consistent with conservation of the states agricultural and forest land base; and (B) Reasonable opportunities for urban residential, commercial and industrial needs over time through changes to urban growth boundaries. (3) A comprehensive plan and land use regulations shall be in compliance with this section by the first periodic review of that plan and regulations.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.713. Industrial development on industrial lands outside urban growth boundaries; exceptions. (1) Notwithstanding statewide land use planning goals relating to urbanization or to public facilities and services, a county or its designee may authorize: (a) Industrial development, including accessory uses subordinate to the industrial development, in buildings of any size and type, subject to the permit approval process described in ORS 215.402 to 215.438 and to applicable building codes, in an area planned and zoned for industrial use on January 1, 2004, subject to the territorial limits described in subsections (2) and (3) of this section. (b) On-site sewer facilities to serve the industrial development authorized under this section, including accessory uses subordinate to the industrial development. (2) Subject to subsection (3) of this section, a county or its designee may consider the following land for industrial development under this section: (a) Land more than three miles outside the urban growth boundary of every city with a population of 20,000 individuals or more; and (b) Land outside the urban growth boundary of every city with a population of fewer than 20,000 individuals. (3) A county or its designee may not authorize industrial development under this section on land within the Willamette Valley as defined in ORS 215.010. (4) A county or its designee may not authorize under this section retail, commercial or residential development in the area zoned for industrial use. [2003 c.688 1; 2005 c.666 1] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.714. Cooperation of county and city concerning industrial development. (1) Notwithstanding the authority granted in ORS 197.713 and 197.716 to allow industrial or other employment use development, when a county or its designee considers action under ORS 197.713 or 197.716 for land within 10 miles of the urban growth boundary of a city, the county or its designee shall give notice to the city at least 21 days prior to taking action. (2) If the city objects to the authorization of industrial or other employment use development under ORS 197.713 or 197.716, the city and county shall negotiate to establish conditions on the industrial or other employment use designation, development or changes in the development necessary to mitigate concerns raised by the citys objection. [2003 c.688 2; 2019 c.170 3] Note: See note under
ORS Chapter 197 — Comprehensive Land Use

ORS 197.717. Technical assistance by state agencies; information from Oregon Business Development Department; model ordinances; rural economic development. (1) State agencies shall provide technical assistance to local governments in: (a) Planning and zoning land adequate in amount, size, topography, transportation access and surrounding land use and public facilities for the special needs of various industrial and commercial uses; (b) Developing public facility plans; and (c) Streamlining local permit procedures. (2) The Oregon Business Development Department shall provide a local government with state and national trend information to assist in compliance with ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.722. Definitions for ORS 197.722 to 197.728. As used in ORS 197.722 to 197.728: (1) Industrial use means employment activities, including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development, that generate income from the production, handling or distribution of goods or services, including goods or services in the traded sector, as defined in ORS 285A.010. (2) Regionally significant industrial area means an area planned and zoned for industrial use that: (a) Contains vacant sites, including brownfields, that are suitable for the location of new industrial uses or the expansion of existing industrial uses and that collectively can provide significant additional employment in the region; (b) Has site characteristics that give the area significant competitive advantages that are difficult or impossible to replicate in the region; (c) Has superior access to transportation and freight infrastructure, including, but not limited to, rail, port, airport, multimodal freight or transshipment facilities, and other major transportation facilities or routes; and (d) Is located in close proximity to major labor markets. [2011 c.564 6] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.724. Review of application for land use permit within regionally significant industrial area. (1) An applicant for a new industrial use or the expansion of an existing industrial use located within a regionally significant industrial area may request that an application for a land use permit be reviewed as an application for an expedited industrial land use permit under this section if the proposed use does not require: (a) An exception taken under ORS 197.732 to a statewide land use planning goal; (b) A change to the acknowledged comprehensive plan or land use regulations of the local government within whose land use jurisdiction the new or expanded industrial use would occur; or (c) A federal environmental impact statement under the National Environmental Policy Act. (2) If the applicant makes a request that complies with subsection (1) of this section, the local government shall review the applications for land use permits for the proposed industrial use by applying the standards and criteria that otherwise apply to the review and by using the procedures set forth for review of an expedited land division in ORS 197.365 and 197.370. [2011 c.564 8] Note: See note under
ORS Chapter 197 — Comprehensive Land Use

ORS 197.726. Jurisdiction on appeal; standing. (1) The Land Use Board of Appeals does not have jurisdiction to consider decisions, aspects of decisions or actions taken under ORS 197.722 to 197.728. (2) An appeal of a decision on an application for an expedited industrial land use permit made under ORS 197.724 may be made in the manner set forth in ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.727. Fee for review. Each city and county with land use jurisdiction within a regionally significant industrial area designated by the Economic Recovery Review Council may establish a fee for review of an application for an expedited industrial land use permit. The fee must be set at a level estimated to recover the full cost of processing an application, including the cost of appeals to a referee under ORS 197.726, based on the estimated cost of the use proposed in the application. [2011 c.564 10] Note: See note under
ORS Chapter 197 — Comprehensive Land Use

ORS 197.728. Rules. The Land Conservation and Development Commission shall administer regionally significant industrial areas and may adopt rules as necessary to implement ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.730. [1973 c.482 6; repealed by 1977 c.665 24] GOAL EXCEPTIONS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.734. Exceptions to certain statewide planning goal criteria; rules. (1) The Land Conservation and Development Commission shall adopt or amend rules regarding the statewide planning goal criteria described in ORS 197.732 (2)(a) and (b). The rules adopted or amended pursuant to this subsection must allow a local government to rezone land in an area physically developed or committed to residential use, as described in ORS 197.732, without requiring the local government to take a new exception to statewide planning goals related to agricultural and forest lands. The rules must allow for a rezoning that authorizes the change, continuation or expansion of an industrial use that has been in operation for the five years immediately preceding the formal land use planning action that was initiated for the change, continuation or expansion of use. (2) The rules adopted pursuant to subsection (1) of this section must provide that: (a) The rezoned use will maintain the land: (A) As rural land as described by commission rule; and (B) In a manner consistent with other statewide planning goal requirements; (b) The rural uses, density and public facilities and services permitted by the rezoning will not commit adjacent or other nearby resource land to uses that are not permitted by statewide planning goals related to agricultural and forest lands; (c) The rural uses, density and public facilities and services permitted by the rezoning are compatible with the uses of adjacent and other nearby resource land uses; and (d) The land to be rezoned is not in an area designated as a rural or urban reserve under ORS 197A.235. [2015 c.477 1] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.736. Commission implementation of ORS 197.340 and 197.732; rules. The Land Conservation and Development Commission shall amend goals, in accordance with ORS 197.240 and 197.245, and amend and adopt rules and guidelines, as necessary, to implement the provisions of this section and ORS 197.340 and
ORS Chapter 197 — Comprehensive Land Use

ORS 197.740. [1973 c.482 8; repealed by 1977 c.665 24] DEVELOPMENT IN URBAN GROWTH BOUNDARY
ORS Chapter 197 — Comprehensive Land Use

ORS 197.746. 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. (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 parking lots or facilities for individuals or families to reside overnight in a motor vehicle, without regard to whether the motor vehicle was designed for use as temporary living quarters. The transitional housing accommodations may provide parking facilities, walkways and access to water, toilet, shower, laundry, cooking, telephone or other services either through separate or shared facilities. The Oregon Health Authority may develop public health best practices for shared health and sanitation facilities for transitional housing accommodations. (3) Transitional housing accommodations are not subject to ORS chapter 90. (4) As used in this section, yurt means a round, domed tent of canvas or other weather resistant material, having a rigid framework, wooden floor, one or more windows or skylights and that may have plumbing, electrical service or heat. [Formerly 446.265]