Chapter 252 Oregon Laws 2003
AN ACT
HB 2691
Relating to industrial zoning of mill sites; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS chapter 197.
SECTION
2. (1) As used in this section,
“abandoned or diminished mill site” means a mill, plant or other facility
engaged in the processing or manufacturing of wood products, including sawmills
and facilities for the production of plywood, veneer, hardboard, panel products,
pulp and paper, that:
(a)
Is located outside of urban growth boundaries;
(b)
Was closed after January 1, 1980, or has been operating at less than 25 percent
of capacity since January 1, 2003; and
(c)
Contains or contained permanent buildings used in the production or
manufacturing of wood products.
(2)
Notwithstanding ORS 197.732 or any goals adopted under ORS 197.225 for the
protection of agricultural lands or forestlands, the governing body of a county
may amend the county’s comprehensive plan and land use regulations to allow an
abandoned or diminished mill site to be zoned for industrial use.
(3)
Notwithstanding ORS 197.732 or any goals adopted under ORS 197.225 relating to
urbanization, the governing body of a county may amend the county’s
comprehensive plan and land use regulations to allow an abandoned or diminished
mill site to be zoned for any level of industrial use.
(4)
Notwithstanding ORS 197.732 or any goals adopted under ORS 197.225 relating to
public facilities and services, the governing body of a county or its designee
may approve:
(a)
The extension of sewer facilities to lands that on the effective date of this
2003 Act are zoned for industrial use and that contain an abandoned or
diminished mill site. The sewer facilities may serve only industrial uses
authorized for the mill site and contiguous lands zoned for industrial use.
(b)
The extension of sewer facilities to an abandoned or diminished mill site that
is rezoned for industrial use under this section only as necessary to serve
industrial uses authorized for the mill site.
(c)
The establishment of on-site sewer facilities to serve an area that on the
effective date of this 2003 Act is zoned for industrial use and that contains
an abandoned or diminished mill site or to serve an abandoned or diminished
mill site that is rezoned for industrial use under this section. The sewer
facilities may serve only industrial uses authorized for the mill site and
contiguous lands zoned for industrial use.
(5)(a)
A local government, as defined in ORS 174.116, may not authorize a connection
to any portion of a sewer facility located between an urban growth boundary or
the boundary of an unincorporated community and the boundary of the mill site
or the industrial zone containing the mill site, except as provided under ORS
197.732 and any goals adopted under ORS 197.225 relating to public facilities
and services.
(b)
Sewer facilities approved under subsection (4) of this section shall be limited
in size to meet the needs of authorized industrial uses and may not provide
service to retail, commercial or residential development, except as provided
under any goals adopted under ORS 197.225 relating to public facilities and
services, unless all appropriate exceptions are approved under ORS 197.732. The
presence of the sewer facilities may not be used to justify an exception to any
goals adopted to protect agricultural lands and forestlands or relating to
urbanization.
(6)(a)
The governing body of a county or its designee shall determine the boundary of
an abandoned or diminished mill site. For an abandoned or diminished mill site
that is rezoned for industrial use under this section, land within the boundary
of the mill site may include only those areas that were improved for the
processing or manufacturing of wood products.
(b)
For an abandoned or diminished mill site subject to subsection (2), (3) or (4)
of this section, the governing body of a city or county or its designee may
approve a permit, as defined in ORS 215.402 or 227.160, only for industrial
development and accessory uses subordinate to such development on the mill
site. The governing body or its designee may not approve a permit for retail,
commercial or residential development on the mill site.
(7) For land that on the effective date of this 2003 Act is zoned under a goal adopted under ORS 197.225 for the protection of agricultural lands or forestlands and that is rezoned for industrial use under subsections (2) and (3) of this section, the governing body of the county or its designee may not later rezone the land for retail, commercial or other nonresource use unless all appropriate exceptions under ORS 197.732 have been approved.
SECTION 3. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor June 10, 2003
Filed in the office of Secretary of State June 10, 2003
Effective date June 10, 2003
__________