justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.400. (1) Except as provided in subsection (3) of this section, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of housing, including needed housing, on land within an urban growth boundary, unincorporated communities designated in a countys acknowledged comprehensive plan after December 5, 1994, nonresource lands and areas zoned for rural residential use as defined in ORS 215.501. The standards, conditions and procedures: (a) May include, but are not limited to, one or more provisions regulating the density or height of a development. (b) May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay. (2) The provisions of subsection (1) of this section do not apply to: (a) An application or permit for residential development in an area identified in a formally adopted central city plan, or a regional center as defined by Metro, in a city with a population of 500,000 or greater. (b) An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas. (3) In addition to an approval process for needed housing based on clear and objective standards, conditions and procedures as provided in subsection (1) of this section, a local government may adopt and apply an alternative approval process for applications and permits for residential development based on approval criteria that are not clear and objective if: (a) The applicant retains the option of proceeding under the approval process that meets the requirements of subsection (1) of this section; (b) The approval criteria for the alternative approval process comply with applicable statewide land use planning goals and rules; and (c) The approval criteria for the alternative approval process authorize a density at or above the density level authorized in the zone under the approval process provided in subsection (1) of this section. (4) Subject to subsection (1) of this section, this section does not infringe on a local governments prerogative to: (a) Set approval standards under which a particular housing type is permitted outright; (b) Impose special conditions upon approval of a specific development proposal; or (c) Establish approval procedures.
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.425. Accessory dwelling units. (1)(a) A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas within the urban growth boundary that are zoned for detached single-family dwellings the development of at least one accessory dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design. (b) As used in this subsection: (A) Accessory dwelling unit means an interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling. (B) Reasonable local regulations relating to siting and design does not include owner-occupancy requirements of either the primary or accessory structure or requirements to construct additional off-street parking. (2) Subsection (1) of this section does not prohibit local governments from regulating vacation occupancies, as defined in ORS 90.100, to require owner-occupancy or off-street parking. [Formerly subsections (5) and (6) of 197.312]
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.430. Single room occupancies. (1) As used in this section, single room occupancy means a residential development with no fewer than four attached units that are independently rented and lockable and provide living and sleeping space for the exclusive use of an occupant, but require that the occupant share sanitary or food preparation facilities with other units in the occupancy. (2) Within an urban growth boundary, each local government shall allow the development of a single room occupancy: (a) With up to six units on each lot or parcel zoned to allow for the development of a detached single-family dwelling; and (b) With the number of units consistent with the density standards of a lot or parcel zoned to allow for the development of residential dwellings with five or more units.
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.460. Residential use of commercial lands for affordable housing. (1) Notwithstanding an acknowledged comprehensive plan or land use regulations, within an urban growth boundary a local government shall allow, on lands zoned to allow only commercial uses and not industrial uses, the siting and development of: (a) Residential structures subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making each unit affordable to a household with income less than or equal to 60 percent of the area median income as defined in ORS 456.270; or (b) Mixed use structures with ground floor commercial units and residential units subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making the properties affordable to moderate income households, as defined in ORS 456.270. (2) The local government may only apply those approval standards, conditions and procedures under ORS 197A.200 and 197A.400, that would be applicable to the residential zone of the local government that is most comparable in density to the allowed commercial uses. (3) Development under this section does not: (a) Trigger any requirement that a local government consider or update an analysis as required by a statewide planning goal relating to economic development. (b) Apply on lands where the local government determines that: (A) The development on the property 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; (B) The property contains a slope of 25 percent or greater; (C) The property is within a 100-year floodplain; or (D) The development of the property is constrained by land use regulations based on statewide land use planning goals relating to: (i) Natural disasters and hazards; or (ii) Natural resources, including air, water, land or natural areas, but not including open spaces. (c) Apply on lands that are vacant or that were added to the urban growth boundary within the last 15 years.
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.500. Definitions for ORS 197A.500 to 197A.521. As used in ORS 197A.500 to
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.502. Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally. (1) The Legislative Assembly finds that there is a compelling state interest in obtaining maximum federal funding for the Southwest Corridor MAX Light Rail Project in order to: (a) Enhance the statewide transportation network; (b) Ensure the viability of the transportation system planned for the Portland metropolitan area; (c) Complete construction of the project in a timely and cost-effective manner; (d) Implement a significant portion of the Legislative Assemblys air quality and energy efficiency strategies for the area; and (e) Ensure that affected local governments will be able to implement significant parts of their comprehensive plans. (2) The Legislative Assembly further finds that, to maximize the ability of this state and the Portland metropolitan area to obtain the highest available level of federal funding for the Southwest Corridor MAX Light Rail Project, it is necessary to establish: (a) A process to be used to establish criteria, make decisions and adopt a land use final order related to the light rail route and other project improvements to be included in the Southwest Corridor MAX Light Rail Project, including their locations; (b) An expedited process for appellate review of a land use final order; and (c) An exclusive process for appellate review. (3) The Legislative Assembly further finds that residents of neighborhoods within TriMet affected by land use decisions, limited land use decisions or land divisions resulting from the siting, construction or operation of any light rail route or other project improvements, either as individuals or through their neighborhood associations, shall have the opportunity to participate in those decisions and divisions. (4) The Legislative Assembly deems the procedures and requirements provided for in ORS 197A.500 to 197A.521, under the unique circumstances of the Southwest Corridor MAX Light Rail Project, to be equivalent in spirit and substance to the land use procedures that otherwise would be applicable. (5) ORS 197A.500 to 197A.521 shall be liberally construed to address the findings enumerated in subsection (1) of this section. [2017 c.714 2] Note: See note under
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.503. Preemptive effect of ORS 197A.500 to 197A.521. Notwithstanding ORS chapters 183, 192, 195, 197, 197A, 215 and 227 or any other provision of law, the procedures and requirements provided for in ORS 197A.500 to 197A.521 expressly preempt any vote requirements imposed by the charter of a local government and are the only land use procedures and requirements to which land use decisions and land use approvals of any kind related to the construction or operation of the project shall be subject. [2017 c.714 3] Note: See note under
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.511. Land use final order; notice. (1)(a) Following a public hearing as provided in ORS 197A.509, the Metro Council shall either: (A) Adopt a land use final order establishing the project improvements and locations applied for by TriMet; or (B) Continue the public hearing and refer the proposed project improvements and locations back to TriMet for further review. (b) If the council refers the proposed locations back to TriMet for further review, TriMet shall consider amendments to its proposed project improvements and locations and forward the amended application to the council for hearing and adoption as described in this subsection. (2)(a) The council shall adopt a land use final order establishing the project improvements, including their locations, as provided in this section and ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.513. Plan amendments; approvals; petition for writ of mandamus. (1) The state, Metro, all affected local governments and any affected special districts and political subdivisions shall: (a) Amend their comprehensive, functional or regional framework plans, including public facility plans, transportation system plans and all applicable land use regulations, as necessary to be consistent with a land use final order adopted under ORS 197A.509 and 197A.511; and (b) Issue the appropriate development approval, permit, license, certificate or other approval necessary for the construction of the project or project improvements to implement a land use final order as necessary to avoid significantly delaying the completion or implementation of the project. Development approvals, permits, licenses, certificates or other approvals may be subject only to reasonable and necessary conditions of approval but those conditions may not, by themselves or cumulatively, prevent implementation of a land use final order. (2) For the purposes of subsection (1)(b) of this section: (a) An approval condition is not reasonable or necessary, or is considered to prevent implementation of a land use final order, if the approval condition applies to a measure, improvement or development that: (A) Is not included in the scope of the project in the Full Funding Grant Agreement; (B) Does not qualify for federal New Starts funding pursuant to 49 U.S.C. 5309; (C) Is not physically and functionally necessary for the project; or (D) The steering committee established under ORS 197A.509 has determined: (i) To be infeasible using the federal, state and local funds within the project budget; (ii) Will significantly delay the completion or otherwise prevent the timely implementation of the project; or (iii) Will have a significant negative impact on the operations of the project. (b) In the event that a land use approval is delayed causing significant delay of the completion or implementation of the project, TriMet may pursue any remedy available in law or equity. Not less than 10 days prior to commencing an action for relief under this section, TriMet shall provide written notice to each local government to which TriMet submitted an application for a land use decision relating to the project. (3)(a) If the state, Metro or an affected local government, special district or political subdivision does not take final action on an application for a development approval, permit, license, certificate or other approval as required under subsection (1) of this section, TriMet may file a petition for a writ of mandamus according to the procedures for cities described in ORS 227.179. (b) Notwithstanding ORS 227.179 (5), the court shall issue a peremptory writ unless the governing body or any intervenor shows that the approval would violate the criteria adopted by the Land Conservation and Development Commission under ORS
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.517. Supreme Court review of Land Use Board of Appeals opinion on land use final order. (1)(a) Review of the final opinion of the Land Use Board of Appeals shall be initiated when any person that appeared before the Land Use Board of Appeals under ORS 197A.515 petitions the Supreme Court to review the boards final opinion as provided in this section. (b) Within 14 days following the boards issuance of its final opinion, the petitioner shall file a petition for judicial review and a brief with the State Court Administrator and serve copies of the petition and the brief on the board and all parties. (c) The petition must state a request for relief and include a copy of the boards final opinion. The brief must state, with particularity and supporting authority, each reason asserted for remand of the boards final opinion. (d) Upon request by the court, the board shall personally deliver or electronically submit a transcript of the boards record. (2)(a) Within 14 days after the petition filing date, any other person that appeared before the board may, but need not, file a response in the form of a brief to the petition and brief with the State Court Administrator and shall serve the response on the board and all parties. (b) In the absence of a response, the court shall consider a persons brief before the board to be the persons response. (3) The court shall decide the matter at its earliest practicable convenience, consistent with ORS 197A.500 to 197A.521. The court shall apply the standards for review set forth in ORS 197A.515. (4)(a) The court may decide the matter on the briefs or hold oral argument. (b) The court may affirm or remand the land use final order, in whole or in part. The court shall affirm all parts of the land use final order that it does not remand. (5)(a) If the court affirms, the court may adopt the boards final opinion, affirm without opinion or issue a separate opinion. (b) If the court remands, the Metro Council shall: (A) Respond as to those matters remanded by adopting by resolution a land use final order on remand according to the provisions of ORS 197A.509 and 197A.511; (B) Immediately file the land use final order on remand and the record of the council with the State Court Administrator; (C) Personally deliver copies of its land use final order on remand to the parties before the court; and (D) Inform the parties by telephone of the filing of the land use final order on remand. (6) The court shall retain jurisdiction over any matters remanded. (7) Within 14 days following adoption of a land use final order on remand, the parties before the court may submit briefs to the court in response to the land use final order on remand. Parties that submit briefs shall personally deliver copies of the briefs to other parties before the court. The court may limit the length of briefs submitted under this subsection. (8) The court shall affirm or remand the land use final order on remand according to the standards for review set forth in ORS 197A.515. [2017 c.714 10] Note: See note under
ORS Chapter 197a — Land Use Planning: Housing

ORS 197a.519. Amendments to land use final order. (1) Following execution of a Full Funding Grant Agreement, the Metro Council shall amend the land use final order to be consistent with the terms and conditions of the Full Funding Grant Agreement. (2) The council shall remove, modify or defer one or more project improvements or measures if: (a) The federal government requires the removal, modification or deferral of portions of the approved project, or the removal, modification or deferral of measures is expressly provided for in a Final Statement as a condition of executing a Full Funding Grant Agreement; or (b) Subsequent to execution of a Full Funding Grant Agreement, the steering committee determines that additional removals, modifications or deferrals are appropriate due to insufficient funds in the budget for the project. (3) The following amendments to a land use final order are not subject to review by any court or agency: (a) Amendments resulting from adoption of a Final Statement; (b) Amendments required to ensure consistency with an executed Full Funding Grant Agreement; and (c) Amendments to remove, modify or defer a portion of the project as provided for in subsection (2) of this section. [2017 c.714 11] Note: See note under
ORS Chapter 198 — Special Districts Generally

ORS 198.010. District defined for chapter. As used in this chapter, except as otherwise specifically provided, district means any one of the following: (1) A peoples utility district organized under ORS chapter 261. (2) A domestic water supply district organized under ORS chapter 264. (3) A cemetery maintenance district organized under ORS chapter 265. (4) A park and recreation district organized under ORS chapter 266. (5) A mass transit district organized under ORS 267.010 to 267.394. (6) A metropolitan service district organized under ORS chapter 268. (7) A special road district organized under ORS 371.305 to 371.360. (8) A road assessment district organized under ORS 371.405 to 371.535. (9) A highway lighting district organized under ORS chapter 372. (10) A health district organized under ORS 440.305 to 440.410. (11) A sanitary district organized under ORS 450.005 to 450.245. (12) A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989. (13) A vector control district organized under ORS 452.020 to 452.170. (14) A rural fire protection district organized under ORS chapter 478. (15) An irrigation district organized under ORS chapter 545. (16) A drainage district organized under ORS chapter 547. (17) A water improvement district organized under ORS chapter 552. (18) A water control district organized under ORS chapter 553. (19) A weather modification district organized under ORS 558.200 to 558.440. (20) A port organized under ORS 777.005 to 777.725 and 777.915 to 777.953. (21) A geothermal heating district organized under ORS chapter 523. (22) A transportation district organized under ORS 267.510 to 267.650. (23) A library district organized under ORS 357.216 to 357.286. (24) A 9-1-1 communications district organized under ORS 403.300 to 403.380. (25) A heritage district organized under ORS 358.442 to 358.474. (26) A radio and data district organized under ORS 403.500 to 403.542. (27) A sand control district organized under ORS 555.500 to 555.535. (28) The urban flood safety and water quality district created under ORS 550.150 to 550.410.
ORS Chapter 198 — Special Districts Generally

ORS 198.110. DISSOLUTION OF INACTIVE DISTRICTS
ORS Chapter 198 — Special Districts Generally

ORS 198.115. Barring district employees from membership on governing board. (1) As used in this section, district has the meaning given that term in ORS 198.010 (1) to (5), (7) to (24) and (27). (2) A district, by an ordinance or resolution that takes effect at least one year prior to the date of the regular district election, may provide that any individual who is an employee of the district is not eligible to serve as a member of the governing board of the district by which the individual is employed.
ORS Chapter 198 — Special Districts Generally

ORS 198.180. District defined for ORS 198.190. As used in ORS 198.190, unless the context requires otherwise, district has the meaning given that term by ORS
ORS Chapter 198 — Special Districts Generally

ORS 198.190. Compensation and expenses of governing body members. A member of the governing body of a district may receive an amount not to exceed $50 for each day or portion thereof as compensation for services performed as a member of the governing body. Such compensation shall not be deemed lucrative. The governing body may provide for reimbursement of a member for actual and reasonable traveling and other expenses necessarily incurred by a member in performing official duties.
ORS Chapter 198 — Special Districts Generally

ORS 198.210. District defined for ORS 198.220. As used in ORS 198.220, in addition to the meaning given the term by ORS 198.010 (1) to (5), (7) to (24) and (27), district means any one of the following: (1) A corporation for irrigation, drainage, water supply or flood control organized under ORS chapter 554. (2) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933. (3) A weed control district organized under ORS 569.350 to 569.445. (4) A port district organized under ORS chapter 778.
ORS Chapter 198 — Special Districts Generally

ORS 198.220. Bond or letter of credit for member of district governing body. The governing body of a district shall require bond or an irrevocable letter of credit of any member of the governing body or any officer or employee of the district who is charged with possession and control of district funds and properties. The letter of credit shall be issued by an insured institution, as defined in ORS 706.008. The amount of the bond or letter of credit shall be fixed by the governing body of the district. The premium for the bond or the fee for the letter of credit shall be paid from district funds.
ORS Chapter 198 — Special Districts Generally

ORS 198.310. District defined for ORS 198.320. As used in ORS 198.320, in addition to the meaning given the term by ORS 198.010 (1) to (5), (7) to (24) and (26) to (28), district means a soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.