72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2058
B-Engrossed
House Bill 2614
Ordered by the Senate August 5
Including House Amendments dated May 21 and Senate Amendments
dated August 5
Sponsored by Representative KRUSE, Senator METSGER
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.
{ - Requires City of Woodburn to include specified land
within urban growth boundary for industrial uses. - }
{ + Authorizes industrial development in buildings of any
size and type on certain lands outside Willamette Valley and
outside of urban growth boundaries of cities. Requires county to
consider concerns of city in specified circumstances and
conditions that may mitigate concerns of city.
Sunsets provisions on January 2, 2006. + }
A BILL FOR AN ACT
Relating to buildable land supply; creating new provisions; and
amending section 2, chapter 252, Oregon Laws 2003 (Enrolled
House Bill 2691).
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Notwithstanding statewide land use planning
goals relating to urbanization or to public facilities and
services, a county or its designee may authorize:
(a) Industrial development, including accessory uses
subordinate to the industrial development, in buildings of any
size and type, subject to the permit approval process described
in ORS 215.402 to 215.438 and to applicable building codes, in an
area planned and zoned for industrial use on the effective date
of this 2003 Act, subject to the territorial limits described in
subsections (2) and (3) of this section.
(b) On-site sewer facilities to serve the industrial
development authorized under this section, including accessory
uses subordinate to the industrial development.
(2) Subject to subsection (3) of this section, a county or its
designee may consider the following land for industrial
development under this section:
(a) Land more than three miles outside the urban growth
boundary of every city with a population of 15,000 individuals or
more; and
(b) Land outside the urban growth boundary of every city with a
population of fewer than 15,000 individuals.
(3) A county or its designee may not authorize industrial
development under this section on land within the Willamette
Valley as defined in ORS 215.010.
(4) A county or its designee may not authorize under this
section retail, commercial or residential development in the area
zoned for industrial use. + }
SECTION 2. { + (1) Notwithstanding the authority granted in
section 1 of this 2003 Act to allow industrial development,
including accessory uses subordinate to the industrial
development, in areas zoned for industrial use, when a county or
its designee considers action under section 1 (1) of this 2003
Act for land within 10 miles of the urban growth boundary of a
city, the county or its designee shall give notice to the city at
least 21 days prior to taking action.
(2) If the city objects to the authorization of industrial
development under section 1 of this 2003 Act, the city and county
shall negotiate to establish conditions on the industrial
development or changes in the development necessary to mitigate
concerns raised by the city's objection. + }
SECTION 3. Section 2, chapter 252, Oregon Laws 2003 (Enrolled
House Bill 2691), is amended to read:
{ + Sec. 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 - } { + statewide land
use planning goals protecting + } agricultural lands or
forestlands { + or administrative rules implementing those
goals + }, 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 - } { + a statewide land use planning goal
+ }relating to urbanization { + or administrative rules
implementing that goal + }, 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 - } { + a statewide land use planning
goal + } relating to public facilities and services { + or
administrative rules implementing that goal + }, 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 - } { + June 10,
2003, + } 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 - }
{ + June 10, 2003, + } 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 a statewide land use planning goal relating to public
facilities and services or + } 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 - } { + a statewide land use
planning goal + } relating to public facilities and services
{ - , unless all appropriate exceptions are approved - }
{ + or + } under ORS 197.732. The presence of the sewer
facilities may not be used to justify an exception to { - any
goals adopted to protect - } { + statewide land use planning
goals protecting + } agricultural lands { - and - }
{ + or + } 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 - } { + June 10, 2003, + } is zoned under { - a goal
adopted under ORS 197.225 for the protection of - }
{ + statewide land use planning goals protecting + }
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 - } { + , except as provided under the statewide
land use planning goals or under ORS 197.732 + }.
SECTION 4. { + (1) Sections 1 and 2 of this 2003 Act are
repealed January 2, 2006.
(2) Notwithstanding the repeal of sections 1 and 2 of this 2003
Act by this section, for an application that is timely submitted
and is complete either when first submitted or within the time
allowed for submission of requested additional material under ORS
215.427 (3), the applicant may extend the period for the
governing body of the county or its designee to take final action
on an application for a permit under sections 1 and 2 of this
2003 Act, but may not extend the period beyond January 2,
2007. + }
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