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 1773
 
                           A-Engrossed
 
                         Senate Bill 470
                  Ordered by the Senate May 21
            Including Senate Amendments dated May 21
 
Sponsored by Senator HANNON (at the request of Hornecker,
  Cowling, Hassen and Heysell, LLP)
 
 
                             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.
 
    { - Prohibits regulation that prohibits or restricts
religious or educational use of real property owned or leased by
governmental unit, religious organization or educational
organization. - }   { + Prohibits county or city from prohibiting
or unreasonably restricting use of certain real property for
church or activities customarily associated with church. Provides
exceptions. + } Allows reasonable regulation of physical
characteristics of authorized uses.
 
                        A BILL FOR AN ACT
Relating to regulation of use of real property.
Be It Enacted by the People of the State of Oregon:
  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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