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
 
                         Minority Report
 
                           B-Engrossed
 
                         Senate Bill 470
                   Ordered by the House June 7
   Including Senate Amendments dated May 21 and House Minority
                             Report
                     Amendments dated June 7
 
Sponsored by nonconcurring members of the House Committee on
  Rules, Redistricting, and Public Affairs: Representatives
  MARCH, VERGER
 
 
                             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 county or city from prohibiting or unreasonably
restricting use of certain real property for church or activities
customarily associated with church. - }   { + Provides that
county or city shall allow activities customarily associated with
practices of religious activity on real property if church,
synagogue, temple, mosque, chapel or other nonresidential place
of worship is allowed on property. + } 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, synagogue, temple, mosque,
chapel or other nonresidential place of worship is allowed on
real property under state law and rules and local zoning
ordinances and regulations, a county shall allow the reasonable
use of the real property, including activities customarily
associated with the practices of the religious activity, but not
including private or parochial school education for
prekindergarten through grade 12 or higher education.
  (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 place of
worship described in subsection (1) of this section 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 place of worship described in
subsection (1) of this section.
  (3) Notwithstanding any other provision of this section, a
county may allow a private or parochial school for
prekindergarten through grade 12 or higher education to be sited
under applicable state law and rules and local zoning ordinances
and regulations. + }
  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, synagogue, temple, mosque,
chapel or other nonresidential place of worship is allowed on
real property under state law and rules and local zoning
ordinances and regulations, a city shall allow the reasonable use
of the real property, including activities customarily associated
with the practices of the religious activity, but not including
private or parochial school education for prekindergarten through
grade 12 or higher education.
  (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 place of
worship described in subsection (1) of this section 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 place of worship described in
subsection (1) of this section.
  (3) Notwithstanding any other provision of this section, a city
may allow a private or parochial school for prekindergarten
through grade 12 or higher education to be sited under applicable
state law and rules and local zoning ordinances and
regulations. + }
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