71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to SB 470
 
LC 1773/SB 470-9
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 470
 
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
 
                             May 21
 
  Delete lines 4 through 26 of the printed bill and insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2001 Act is added
to and made a part of ORS chapter 215. + }
  '  { +  SECTION 2. + }  { + (1) If a church is allowed on real
property under state law and rules and local zoning ordinances
and regulations, a county may not:
  ' (a) Prohibit or unreasonably restrict the use of the real
property for church buildings and facilities;
  ' (b) Prohibit or unreasonably restrict the use of the real
property for activities customarily associated with a church,
including worship services, religion classes, weddings, funerals,
child care or meal programs, but not including private or
parochial school education for prekindergarten through grade 12
or higher education; or
  ' (c) Impose approval standards, special conditions or
procedures that have the effect, either in themselves or
cumulatively, of discouraging the use of the real property for a
church or activities customarily associated with a church.
  ' (2) A county may:
  ' (a) Subject real property described in subsection (1) of this
section to reasonable regulations, including site review or
design review, concerning the physical characteristics of the
uses authorized under subsection (1) of this section; or
  ' (b) Prohibit or restrict the use of real property by a church
if the county finds that the level of service of public
facilities, including transportation, water supply, sewer and
storm drain systems is not adequate to serve the church.
  ' (3) Subject to subsection (2) of this section and unless
prohibited by state law or rule, if a church is not allowed
outright under clear and objective criteria, a county shall allow
the church as a conditional use if the use will not have a
significant adverse impact on the surrounding area. + }
  '  { +  SECTION 3. + }  { + Section 4 of this 2001 Act is added
to and made a part of ORS chapter 227. + }
  '  { +  SECTION 4. + }  { + (1) If a church is allowed on real
property under state law and rules and local zoning ordinances
and regulations, a city may not:
  ' (a) Prohibit or unreasonably restrict the use of the real
property for church buildings and facilities;
  ' (b) Prohibit or unreasonably restrict the use of the real
property for activities customarily associated with a church,
including worship services, religion classes, weddings, funerals,
child care or meal programs, but not including private or
parochial school education for prekindergarten through grade 12
or higher education; or
  ' (c) Impose approval standards, special conditions or
procedures that have the effect, either in themselves or
cumulatively, of discouraging the use of the real property for a
church or activities customarily associated with a church.
  ' (2) A city may:
  ' (a) Subject real property described in subsection (1) of this
section to reasonable regulations, including site review and
design review, concerning the physical characteristics of the
uses authorized under subsection (1) of this section; or
  ' (b) Prohibit or regulate the use of real property by a church
if the city finds that the level of service of public facilities,
including transportation, water supply, sewer and storm drain
systems is not adequate to serve the church.
  ' (3) Subject to subsection (2) of this section and unless
prohibited by state law or rule, if a church is not allowed
outright under clear and objective criteria, a city shall allow
the church as a conditional use if the use will not have a
significant adverse impact on the surrounding area. + } ' .
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