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

ORS 197.748. 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: (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) Within an urban growth boundary; (b) Not designated by the local government as specifically for heavy industrial uses; (c) With adequate transportation access to commercial and medical services; and (d) Not within an area designated for a statewide land use planning goal relating to natural disasters or hazards, including flood plains or mapped environmental health hazards, unless the converted use complies with regulations directly related to the disasters or hazards. (3) A local government may require a converted use under this section to comply with: (a) Applicable building codes; (b) Occupancy limits; or (c) For uses under subsection (1)(b) of this section, reasonable standards relating to siting or design, if the standards do not, individually or cumulatively, prohibit the conversion through unreasonable costs or delay. (4) A conversion under this section is not a land use decision as defined in ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.752. Lands available for urban development. (1) Lands within urban growth boundaries shall be available for urban development concurrent with the provision of key urban facilities and services in accordance with locally adopted development standards. (2) Notwithstanding subsection (1) of this section, lands not needed for urban uses during the planning period may be designated for agricultural, forest or other nonurban uses.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.754. Land identified for urban services; capital improvement plan; tax assessment. (1) A local government may identify land inside an urban growth boundary for which the local government intends to provide urban services within the next five to seven years. The local government may evidence its intent by adopting a capital improvement plan reasonably designed to provide the urban services. (2) A local government that identifies an area for planned urban services and adopts a capital improvement plan may zone the area for urban uses. A city that identifies land that is outside the citys boundary but inside the urban growth boundary shall coordinate with the appropriate county to zone the area for urban uses. (3)(a) Land in an area zoned for urban uses under this section shall not be subject to additional taxes under ORS 308A.700 to 308A.733 if the land ceases to be used for farm use within the five years following the date the area is zoned for urban uses. (b) A lot or parcel in an area zoned for urban use under subsection (2) of this section shall not be assessed at its value for farm use under ORS 308A.050 to 308A.128 unless the lot or parcel was receiving the farm use assessment at the time the area was zoned for urban uses.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.756. Farm use assessment in area identified for urban services. (1) Upon the sale of a lot or parcel located inside an urban growth boundary that is assessed at its value for farm use under ORS 308A.050 to 308A.128, the lot or parcel shall be disqualified for farm use assessment if: (a) The lot or parcel is in an area identified for urban services under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.761. Development of residential platted lot. Within the urban growth boundary of a city with a population greater than 25,000, local governments shall allow, subject to reasonable local regulations relating to siting and design, the development of at least one dwelling unit on each platted lot that is zoned to allow for single-family dwellings, unless the local government determines that: (1) The lot cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the lot is complete; (2) The lot contains a slope of 25 percent or greater; (3) The lot is within a 100-year floodplain; or (4) Development of the lot is constrained by land use regulations based on statewide land use planning goals relating to: (a) Natural disasters and hazards; or (b) Natural resources, including air, water, land, natural areas or open spaces, but not including historic resources.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.767. [1987 c.729 4; repealed by 1989 c.837 34] MISCELLANEOUS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.768. Local government or special district adoption of public facilities strategy; public hearing; written findings. (1) As used in this section, special district has the meaning given that term in ORS 197.505. (2)(a) A local government or special district may adopt a public facilities strategy if the public facilities strategy: (A)(i) Is acknowledged under ORS 197.251; or (ii) Is approved by the Land Conservation and Development Commission under ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.770. Firearms training facilities. (1) Any firearms training facility in existence on September 9, 1995, shall be allowed to continue operating until such time as the facility is no longer used as a firearms training facility. (2) For purposes of this section, a firearms training facility is an indoor or outdoor facility that provides training courses and issues certifications required: (a) For law enforcement personnel; (b) By the State Department of Fish and Wildlife; or (c) By nationally recognized programs that promote shooting matches, target shooting and safety.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.772. Historic property; consent for designation; portable cooling devices allowed. (1) Notwithstanding any other provision of law, a local government shall allow a property owner to refuse to consent to any form of historic property designation at any point during the designation process. Such refusal to consent shall remove the property from any form of consideration for historic property designation under ORS 358.480 to 358.545 or other law, except for consideration or nomination to the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.). (2) A permit for the demolition or modification of property removed from consideration for historic property designation under subsection (1) of this section may not be issued during the 120-day period following the date of the property owners refusal to consent. (3) A local government shall allow a property owner to remove from the property a historic property designation that was imposed on the property by the local government. (4) A local government may not enforce any ordinance or design regulation restricting the use of a portable cooling device, as defined in ORS 90.355 (1), based on a historic property designation for property used as a residential tenancy, unless: (a) The restriction is necessary to protect or prohibit the removal of historical architectural features of the property; or (b) The restriction only requires that the device be removed from October 1 through April 30. [1995 c.693 21; 2001 c.540 19; 2021 c.97 18; 2022 c.86 5] Note: Section 6 (4), chapter 86, Oregon Laws 2022, provides: Sec. 6. (4) The amendments to ORS 197.772 by section 5 of this 2022 Act apply to ordinances and design regulations adopted by a local government before, on or after the effective date of this 2022 Act [March 23, 2022]. [2022 c.86 6(4)]
ORS Chapter 197 — Comprehensive Land Use

ORS 197.782. Emergency shelters developed under temporary authorization. (1) As used in this section, emergency shelter means a building or cluster of buildings that provides shelter on a temporary basis for individuals and families who lack permanent housing. (2) A building or cluster of buildings used as an emergency shelter under an approval granted under ORS 197.783 or section 11, chapter 12, Oregon Laws 2020 (first special session): (a) May resume its use as an emergency shelter after an interruption or abandonment of that use for two years or less, notwithstanding ORS 215.130 (7). (b) May not be used for any purpose other than as an emergency shelter except upon application for a permit demonstrating that the construction of the building and its use could be approved under current land use laws and local land use regulations. (3) An approval of an emergency shelter under ORS 197.783 or section 11, chapter 12, Oregon Laws 2020 (first special session), is void unless the shelter is operating within two years following the approval.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.791. Inventory of local government surplus real property; report. (1) As used in this section: (a) Local government means a city or county. (b) Surplus real property means real property in which a government entity holds title through a deed or other legal instrument that is no longer suitable or needed for the duties and responsibilities of the government entity. (2) The Department of Land Conservation and Development shall develop and implement an electronic system for receiving and displaying inventory information described in subsection (3) of this section. The electronic system must be a web-based or online system that allows: (a) Government entities to upload inventories described in subsection (3) of this section using a template developed by the department; and (b) The general public to search and view information stored by the system. (3)(a) No later than January 1 of each even-numbered year, each local government shall prepare and submit to the department, using the system developed under subsection (2) of this section, an inventory of surplus real property owned by the local government that is: (A) Located inside an urban growth boundary; or (B) Located in an area zoned for rural residential use as defined in ORS 215.501. (b) A mass transit district established under ORS 267.010 to 267.394 or a transportation district organized under ORS 267.510 to 267.650 may submit to the department an inventory of surplus real property owned by the district as described in paragraph (a) of this subsection. (4) Nothing in this section requires the department to verify the accuracy of information received by the department using the system developed under subsection (2) of this section before making the information available to the public. (5) No later than February 1 of each even-numbered year, the department shall present the information received by the department under subsection (3) of this section in a report to the interim committees of the Legislative Assembly related to housing in the manner provided under ORS 192.245. [2021 c.624 1] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.794. Notice to railroad company upon certain applications for land use decision, limited land use decision or expedited land use decision. (1) As used in this section, railroad company has the meaning given that term in ORS 824.200. (2) If a railroad-highway crossing provides or will provide the only access to land that is the subject of an application for a land use decision, a limited land use decision or an expedited land division, the applicant must indicate that fact in the application submitted to the decision maker. (3) The decision maker shall provide notice to the Department of Transportation and the railroad company whenever the decision maker receives the information described under subsection (2) of this section.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.796. Applicant for certain land use decisions may accept and appeal condition imposed on application; procedure; attorney fees. (1) An applicant for a land use decision, limited land use decision or expedited land division or for a permit under ORS 215.427 or 227.178 may accept a condition of approval imposed under ORS 215.416 or 227.175 and file a challenge to the condition under this section. Acceptance by an applicant for a land use decision, limited land use decision, expedited land division or permit under ORS 215.427 or 227.178 of a condition of approval imposed under ORS 215.416 or 227.175 does not constitute a waiver of the right to challenge the condition of approval. Acceptance of a condition may include but is not limited to paying a fee, performing an act or providing satisfactory evidence of arrangements to pay the fee or to ensure compliance with the condition. (2) Any action for damages under this section shall be filed in the circuit court of the county in which the application was submitted within 180 days of the date of the decision. (3)(a) A challenge filed pursuant to this section may not be dismissed on the basis that the applicant did not request a variance to the condition of approval or any other available form of reconsideration of the challenged condition. However, an applicant shall comply with ORS 197.797 (1) prior to appealing to the Land Use Board of Appeals or bringing an action for damages in circuit court and must exhaust all local appeals provided in the local comprehensive plan and land use regulations before proceeding under this section. (b) In addition to the requirements of ORS 197.797 (5), at the commencement of the initial public hearing, a statement shall be made to the applicant that the failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court. (c) An applicant is not required to raise an issue under this subsection unless the condition of approval is stated with sufficient specificity to enable the applicant to respond to the condition prior to the close of the final local hearing. (4) In any challenge to a condition of approval that is subject to the Takings Clause of the Fifth Amendment to the United States Constitution, the local government shall have the burden of demonstrating compliance with the constitutional requirements for imposing the condition. (5) In a proceeding in circuit court under this section, the court shall award costs and reasonable attorney fees to a prevailing party. Notwithstanding ORS
ORS Chapter 197 — Comprehensive Land Use

ORS 197.798. Rules regulating transportation improvements by city or county. (1) As used in this section, transportation facility means any physical facility that moves or assists in the movement of people or goods. (2) The Land Conservation and Development Commission shall adopt rules or amend existing rules as necessary to allow a city or county to propose transportation improvements located outside of that city or county when the city or county is considering an amendment to a functional plan, comprehensive plan or land use regulation and the amendment would significantly affect a transportation facility within the city or county. (3) A city or county may use highway mobility targets established for a highway corridor by the Department of Transportations Oregon Highway Plan as the basis for proposing transportation improvements located outside of that city or county. [2015 c.280 1] Note:
ORS Chapter 197 — Comprehensive Land Use

ORS 197.805. Policy on review of land use decisions. It is the policy of the Legislative Assembly that time is of the essence in reaching final decisions in matters involving land use and that those decisions be made consistently with sound principles governing judicial review. It is the intent of the Legislative Assembly in enacting ORS 197.805 to 197.855 to accomplish these objectives.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.810. Land Use Board of Appeals; appointment and removal of members; qualifications. (1) There is hereby created a Land Use Board of Appeals consisting of not more than three positions. Board members shall be appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. The board shall consist of a board chairperson chosen by the board members and such other board members as the Governor considers necessary. The members of the board shall serve terms of four years. A member is eligible for reappointment. The salaries of the members shall be fixed by the Governor unless otherwise provided for by law. The salary of a member of the board shall not be reduced during the period of service of the member. (2) The Governor may at any time remove any member of the board for inefficiency, incompetence, neglect of duty, malfeasance in office or unfitness to render effective service. Before such removal the Governor shall give the member a copy of the charges against the member and shall fix the time when the member can be heard in defense against the charges, which shall not be less than 10 days thereafter. The hearing shall be open to the public and shall be conducted in the same manner as a contested case under ORS chapter 183. The decision of the Governor to remove a member of the board shall be subject to judicial review in the same manner as provided for review of contested cases under ORS 183.480 to 183.540. (3) Board members appointed under subsection (1) of this section shall be members in good standing of the Oregon State Bar.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.815. Office location; proceedings may be conducted by telephone. (1) The principal office of the Land Use Board of Appeals shall be in the state capital, but the board may hold hearings in any county or city in order to provide reasonable opportunities to parties to appear before the board with as little inconvenience and expense as is practicable. Upon request of the board, the county or city governing body shall provide the board with suitable rooms for hearings held in that city or county. (2) For the convenience of one or more of the parties, the board may hold hearings by telephone.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.820. Duty to conduct review proceedings; authority to issue orders; rules. (1) The Land Use Board of Appeals shall conduct review proceedings upon petitions filed in the manner prescribed in ORS 197.830. (2) In conducting review proceedings the members of the board may sit together or separately as the board chairperson shall decide. (3) The board chairperson shall apportion the business of the board among the members of the board. Each member shall have the power to hear and issue orders on petitions filed with the board and on all issues arising under those petitions. (4) The board shall adopt rules governing: (a) The conduct of review proceedings brought before it under ORS 197.830 to
ORS Chapter 197 — Comprehensive Land Use

ORS 197.825. Jurisdiction of board; limitations; effect on circuit court jurisdiction. (1) Except as provided in ORS 197.320 and subsections (2) and (3) of this section, the Land Use Board of Appeals shall have exclusive jurisdiction to review any land use decision or limited land use decision of a local government, special district or a state agency in the manner provided in ORS 197.830 to 197.845. (2) The jurisdiction of the board: (a) Is limited to those cases in which the petitioner has exhausted all remedies available by right before petitioning the board for review; (b) Is subject to the provisions of ORS 197.850 relating to judicial review by the Court of Appeals; (c) Does not include a local government decision that is: (A) Submitted to the Department of Land Conservation and Development for acknowledgment under ORS 197.251, 197.626 or 197.628 to 197.651 or a matter arising out of a local government decision submitted to the department for acknowledgment, unless the Director of the Department of Land Conservation and Development, in the directors sole discretion, transfers the matter to the board; or (B) Subject to the review authority of the department under ORS 197.412, 197.445,
ORS Chapter 197 — Comprehensive Land Use

ORS 197.828. Board review of limited land use decision. (1) The Land Use Board of Appeals shall either reverse, remand or affirm a limited land use decision on review. (2) The board shall reverse or remand a limited land use decision if: (a) The decision is not supported by substantial evidence in the record. The existence of evidence in the record supporting a different decision shall not be grounds for reversal or remand if there is evidence in the record to support the final decision; (b) The decision does not comply with applicable provisions of the land use regulations; (c) The decision is: (A) Outside the scope of authority of the decision maker; or (B) Unconstitutional; or (d) The local government committed a procedural error which prejudiced the substantial rights of the petitioner.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.829. term compliance in the phrase compliance with the goals in ORS 197.627. (4) A decision by the Director of the Department of Land Conservation and Development to approve a work program, that no work program is necessary or that no further work is necessary is final and not subject to appeal. (5) The director: (a) Shall take action on a work task not later than 120 days after the local government submits the work task for review unless the local government waives the 120-day deadline or the commission grants the director an extension. If the director does not take action within the time period required by this subsection, the work task is deemed approved. The department shall provide a letter to the local government certifying that the work task is approved unless an interested party has filed a timely objection to the work task consistent with administrative rules for conducting periodic review. (b) May approve or remand a work task or refer the work task to the commission for a decision. A decision by the director to approve or remand a work task may be appealed to the commission. (6) Except as provided in this subsection, the commission shall take action on the appeal or referral of a work task within 90 days of the appeal or referral. Action by the commission in response to an appeal from a decision of the director or a referral is a final order subject to judicial review in the manner provided in ORS 197.650 and 197.651. The commission may extend the time for taking action on the appeal or referral if the commission finds that: (a) The appeal or referral is appropriate for mediation; (b) The appeal or referral raises new or complex issues of fact or law that make it unreasonable for the commission to give adequate consideration to the issues within the 90-day limit; or (c) The parties to the appeal and the commission agree to an extension, not to exceed an additional 90 days. (7) The commission and a local government shall attempt to complete periodic review within three years after approval of a work program. To promote the timely completion of periodic review, the commission shall establish a system of incentives to encourage local government compliance with timelines in periodic review work programs.
ORS Chapter 197 — Comprehensive Land Use

ORS 197.831. Appellate review of clear and objective approval standards, conditions and procedures for needed housing. In a proceeding before the Land Use Board of Appeals or an appellate court that involves an ordinance required to contain clear and objective approval standards, conditions and procedures for housing, including under ORS 197A.200 and 197A.400, the local government imposing the provisions of the ordinance shall demonstrate that the approval standards, conditions and procedures are capable of being imposed only in a clear and objective manner.