Or. Admin. R. 660-038-0190

Current through Register Vol. 63, No. 8, August 1, 2024

Section 660-038-0190 - Additional Planning for Residential Lands Added to the UGB

Cities that use the method in this division to provide land for needed housing must plan for residential lands added to the UGB as provided in this rule, in addition to the requirements in OAR 660-038-0180.

(1) The comprehensive plan and implementing zoning shall allow the housing types and densities determined to be needed in OAR 660-038-0040 and 660-038-0050 under clear and objective standards and shall meet other applicable needed housing requirements specified in ORS 197.307 and OAR chapter 660, division 8.

(2) The city and appropriate counties must assign appropriate urban plan designations to the added residential land consistent with the need determination, and either:

(a) Apply appropriate zoning to the added land consistent with the plan designation, or

(b) Adopt measures to maintain the land as urbanizable land until the land is rezoned for the planned urban uses by retaining the zoning that was assigned prior to inclusion in the boundary or by applying other interim zoning that maintains the land's potential for planned urban development. Measures for rezoning urbanizable land for needed housing shall be clear and objective and consistent with other requirements of ORS 197.307.

(3) Cities with UGB population of 10,000 or greater must either:

(a) Consider the housing measures listed in the Table 5 and adopt at least one high impact measure or three low impact measures, or

(b) Satisfy the alternate performance standard in section (4).

(4) A city has satisfied the alternate performance standard section (3)(b) if the city:

(a) Has a development code that contains the provisions specified in items 1 through 5 and 29 through 31 of Table 5; and

(b) Demonstrates with substantial evidence in the record that, during the preceding planning period or preceding seven years, whichever is less, development in the city equaled or exceeded the maximum percentage set forth in the ranges for redevelopment in residentially zoned and developed areas and mixed use residential development in commercially zoned areas in OAR 660-038-0030(6)(a) through (c).

Or. Admin. R. 660-038-0190

LCDD 6-2015, f. 12-29-15, cert. ef. 1/1/2016; LCDD 1-2019, amend filed 01/28/2019, effective 2/5/2019

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 197.040, ORS 197A.305, ORS 197A.320 & ORS 197.235

Statutes/Other Implemented: ORS 197A.300, ORS 197A.302, ORS 197A.305, ORS 197A.310, ORS 197A.312, ORS 197A.315, ORS 197A.320 & ORS 197A.325