71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2463
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Jerry
Krummel)
CHAPTER ................
AN ACT
Relating to approval of lot of record dwelling on certain small
tracts; amending ORS 215.705.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.705 is amended to read:
215.705. (1) A governing body of a county or its designate may
allow the establishment of a single-family dwelling on a lot or
parcel located within a farm or forest zone as set forth in this
section and ORS 215.710, 215.720, 215.740 and 215.750 after
notifying the county assessor that the governing body intends to
allow the dwelling. A dwelling under this section may be allowed
if:
(a) The lot or parcel on which the dwelling will be sited was
lawfully created and was acquired by the present owner:
(A) Prior to January 1, 1985; or
(B) By devise or by intestate succession from a person who
acquired the lot or parcel prior to January 1, 1985.
(b) The tract on which the dwelling will be sited does not
include a dwelling.
(c) The proposed dwelling is not prohibited by, and will comply
with, the requirements of the acknowledged comprehensive plan and
land use regulations and other provisions of law.
(d) The lot or parcel on which the dwelling will be sited, if
zoned for farm use, is not on that high-value farmland described
in ORS 215.710 except as provided in subsections (2) and (3) of
this section.
(e) The lot or parcel on which the dwelling will be sited, if
zoned for forest use, is described in ORS 215.720, 215.740 or
215.750.
(f) When the lot or parcel on which the dwelling will be sited
lies within an area designated in an acknowledged comprehensive
plan as habitat of big game, the siting of the dwelling is
consistent with the limitations on density upon which the
acknowledged comprehensive plan and land use regulations intended
to protect the habitat are based.
(g) When the lot or parcel on which the dwelling will be sited
is part of a tract, the remaining portions of the tract are
consolidated into a single lot or parcel when the dwelling is
allowed.
Enrolled House Bill 2463 (HB 2463-B) Page 1
(2)(a) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
(A) It meets the other requirements of ORS 215.705 to 215.750;
(B) The lot or parcel is protected as high-value farmland as
described under ORS 215.710 (1); and
(C) A hearings officer of a county determines that:
(i) The lot or parcel cannot practicably be managed for farm
use, by itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land or its physical
setting that do not apply generally to other land in the
vicinity.
(ii) The dwelling will comply with the provisions of ORS
215.296 (1).
(iii) The dwelling will not materially alter the stability of
the overall land use pattern in the area.
(b) A local government shall provide notice of all applications
for dwellings allowed under this subsection to the State
Department of Agriculture. Notice shall be provided in accordance
with the governing body's land use regulations but shall be
mailed at least 20 calendar days prior to the public hearing
before the hearings officer under paragraph (a) of this
subsection.
(3) Notwithstanding the requirements of subsection (1)(d) of
this section, a single-family dwelling not in conjunction with
farm use may be sited on high-value farmland if:
(a) It meets the other requirements of ORS 215.705 to 215.750.
(b) The tract on which the dwelling will be sited is:
(A) Identified in ORS 215.710 (3) or (4);
(B) Not protected under ORS 215.710 (1); and
(C) Twenty-one acres or less in size.
(c)(A) The tract is bordered on at least 67 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
two such tracts had dwellings on them on January 1, 1993;
{ - or - }
(B) The tract { + is not a flaglot and + } is bordered on at
least 25 percent of its perimeter by tracts that are smaller than
21 acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract. Up to
two of the four dwellings may lie within the urban growth
boundary, but only if the subject tract abuts an urban growth
boundary { - . - } { + ; or
(C) The tract is a flaglot and is bordered on at least 25
percent of its perimeter by tracts that are smaller than 21
acres, and at least four dwellings existed on January 1, 1993,
within one-quarter mile of the center of the subject tract and on
the same side of the public road that provides access to the
subject tract. The governing body of a county must interpret the
center of the subject tract as the geographic center of the
flaglot if the applicant makes a written request for that
interpretation and that interpretation does not cause the center
to be located outside the flaglot. Up to two of the four
dwellings may lie within the urban growth boundary, but only if
the subject tract abuts an urban growth boundary. As used in this
subparagraph:
(i) 'Flaglot' means a tract containing a narrow strip or
panhandle of land providing access from the public road to the
rest of the tract.
(ii) 'Geographic center of the flaglot' means the point of
intersection of two perpendicular lines of which the first line
Enrolled House Bill 2463 (HB 2463-B) Page 2
crosses the midpoint of the longest side of a flaglot, at a
90-degree angle to that side, and the second line crosses the
midpoint of the longest adjacent side of the flaglot. + }
(4) If land is in a zone that allows both farm and forest uses,
is acknowledged to be in compliance with goals relating to both
agriculture and forestry and may qualify as an exclusive farm use
zone under this chapter, the county may apply the standards for
siting a dwelling under either subsection (1)(d) of this section
or ORS 215.720, 215.740 and 215.750 as appropriate for the
predominant use of the tract on January 1, 1993.
(5) A county may, by application of criteria adopted by
ordinance, deny approval of a dwelling allowed under this section
in any area where the county determines that approval of the
dwelling would:
(a) Exceed the facilities and service capabilities of the area;
(b) Materially alter the stability of the overall land use
pattern in the area; or
(c) Create conditions or circumstances that the county
determines would be contrary to the purposes or intent of its
acknowledged comprehensive plan or land use regulations.
(6) For purposes of subsection (1)(a) of this section, ' owner'
includes the wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, father-in-law, aunt, uncle,
niece, nephew, stepparent, stepchild, grandparent or grandchild
of the owner or a business entity owned by any one or combination
of these family members.
(7) When a local government approves an application for a
single-family dwelling under the provisions of this section, the
application may be transferred by a person who has qualified
under this section to any other person after the effective date
of the land use decision.
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Passed by House March 26, 2001
Repassed by House May 18, 2001
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 16, 2001
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President of Senate
Enrolled House Bill 2463 (HB 2463-B) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 2463 (HB 2463-B) Page 4