71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 470
 
Sponsored by Senator HANNON (at the request of Hornecker,
  Cowling, Hassen and Heysell, LLP)
 
 
                     CHAPTER ................
 
 
                             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, meeting house 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 for activities customarily
associated with the practices of the religious activity,
including worship services, religion classes, weddings, funerals,
child care and meal programs, 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, meeting house 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 for activities customarily
associated with the practices of the religious activity,
including worship services, religion classes, weddings, funerals,
child care and meal programs, but not including private or
 
 
 
Enrolled Senate Bill 470 (SB 470-BCCA)                     Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by Senate May 23, 2001
 
Repassed by Senate July 3, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House June 18, 2001
 
Repassed by House July 4, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 470 (SB 470-BCCA)                     Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 470 (SB 470-BCCA)                     Page 3