71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2473
A-Engrossed
House Bill 2933
Ordered by the House June 20
Including House Amendments dated June 20
Sponsored by Representative KAFOURY, Senator CARTER (at the
request of City of Portland)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Exempts certain areas within Metro from limitations on
local government approval standards for needed housing in urban
growth area. - }
{ + Allows city with population greater than 400,000 to
regulate appearance or aesthetics of needed housing through
discretionary approval criteria if housing has residential
density of 30 or more dwelling units per acre. + }
A BILL FOR AN ACT
Relating to needed housing in urban growth area; amending ORS
197.307.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.307 is amended to read:
197.307. (1) The availability of affordable, decent, safe and
sanitary housing opportunities for persons of lower, middle and
fixed income, including housing for seasonal and year-round
farmworkers, is a matter of statewide concern.
(2) Many persons of lower, middle and fixed income depend on
government assisted housing as a source of affordable decent,
safe and sanitary housing.
(3)(a) When a need has been shown for housing within an urban
growth boundary at particular price ranges and rent levels,
needed housing, including housing for seasonal and year-round
farmworkers, shall be permitted in one or more zoning districts
or in zones described by some comprehensive plans as overlay
zones with sufficient buildable land to satisfy that need.
(b) A local government shall attach only clear and objective
approval standards or special conditions regulating, in whole or
in part, appearance or aesthetics to an application for
development of needed housing or to a permit, as defined in ORS
215.402 or 227.160, for residential development. The standards or
conditions shall not be attached in a manner that will deny the
application or reduce the proposed housing density provided the
proposed density is otherwise allowed in the zone.
{ - (c) The provisions of paragraph (b) of this subsection do
not apply to 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 more. - }
{ + (c) Notwithstanding the requirement in paragraph (b) of
this subsection that a local government attach only clear and
objective approval standards or special conditions, if needed
housing is proposed at a residential density of 30 or more
dwelling units per acre in a city with a population greater than
400,000, the city may regulate the appearance or aesthetics of
the needed housing through discretionary approval criteria. + }
(d) In addition to an approval process based on clear and
objective standards as provided in paragraph (b) of this
subsection, a local government may adopt an alternative approval
process for residential applications and permits based on
approval criteria that are not clear and objective provided the
applicant retains the option of proceeding under the clear and
objective standards or the alternative process and the approval
criteria for the alternative process comply with all applicable
land use planning goals and rules.
(e) The provisions of this subsection shall not apply to
applications or permits for residential development in historic
areas designated for protection under a land use planning goal
protecting historic areas.
(4) Subsection (3) of this section shall not be construed as an
infringement on a local government's 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.
(5) A jurisdiction may adopt any or all of the following
placement standards, or any less restrictive standard, for the
approval of manufactured homes located outside mobile home parks:
(a) The manufactured home shall be multisectional and enclose a
space of not less than 1,000 square feet.
(b) The manufactured home shall be placed on an excavated and
back-filled foundation and enclosed at the perimeter such that
the manufactured home is located not more than 12 inches above
grade.
(c) The manufactured home shall have a pitched roof, except
that no standard shall require a slope of greater than a nominal
three feet in height for each 12 feet in width.
(d) The manufactured home shall have exterior siding and
roofing which in color, material and appearance is similar to the
exterior siding and roofing material commonly used on residential
dwellings within the community or which is comparable to the
predominant materials used on surrounding dwellings as determined
by the local permit approval authority.
(e) The manufactured home shall be certified by the
manufacturer to have an exterior thermal envelope meeting
performance standards which reduce levels equivalent to the
performance standards required of single-family dwellings
constructed under the state building code as defined in ORS
455.010.
(f) The manufactured home shall have a garage or carport
constructed of like materials. A jurisdiction may require an
attached or detached garage in lieu of a carport where such is
consistent with the predominant construction of immediately
surrounding dwellings.
(g) In addition to the provisions in paragraphs (a) to (f) of
this subsection, a city or county may subject a manufactured home
and the lot upon which it is sited to any development standard,
architectural requirement and minimum size requirement to which a
conventional single-family residential dwelling on the same lot
would be subject.
(6) Any approval standards, special conditions and the
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.
----------