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 2045
 
                           A-Engrossed
 
                         House Bill 2860
                  Ordered by the House April 28
            Including House Amendments dated April 28
 
Sponsored by Representative ZAUNER
 
 
                             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.
 
  Modifies   { - standards local government must consider when
adopting exception to land use planning goal. Limits - }
rulemaking authority of Land Conservation and Development
Commission related to   { - standards - }  { +  exceptions to
statewide land use planning goals + }.
 
                        A BILL FOR AN ACT
Relating to exception to land use planning goals; creating new
  provisions; and amending ORS 197.732.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.732 is amended to read:
  197.732. (1) A local government may adopt an exception to a
goal if:
  (a) The land subject to the exception is physically developed
to the extent that it is no longer available for uses allowed by
the applicable goal;
  (b) The land subject to the exception is irrevocably committed
as described by Land Conservation and Development Commission rule
to uses not allowed by the applicable goal because existing
adjacent uses and other relevant factors make uses allowed by the
applicable goal impracticable; or
  (c) The following standards are met:
  (A) Reasons justify why the state policy embodied in the
applicable goals should not apply;
  (B) Areas which do not require a new exception cannot
reasonably accommodate the use;
  (C) The long term environmental, economic, social and energy
consequences resulting from the use at the proposed site with
measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal
being located in areas requiring a goal exception other than the
proposed site; and
  (D) The proposed uses are compatible with other adjacent uses
or will be so rendered through measures designed to reduce
adverse impacts.
  (2) 'Compatible,' as used in subsection (1)(c)  { - (D) - }  of
this section, is not intended as an absolute term meaning no
interference or adverse impacts of any type with adjacent uses.
  (3) The commission shall adopt rules establishing:
   { +  (a) That an exception may be adopted to allow a use
authorized by a statewide planning goal that cannot comply with
the approval standards for that type of use; + }
    { - (a) - }   { + (b) + } Under what circumstances particular
reasons may or may not be used to justify an exception under
subsection (1)(c)(A) of this section; and
    { - (b) - }   { + (c) + } Which uses allowed by the
applicable goal must be found impracticable under subsection (1)
of this section.
  (4) A local government approving or denying a proposed
exception shall set forth findings of fact and a statement of
reasons which demonstrate that the standards of subsection (1) of
this section have or have not been met.
  (5) Each notice of a public hearing on a proposed exception
shall specifically note that a goal exception is proposed and
shall summarize the issues in an understandable manner.
  (6) Upon review of a decision approving or denying an
exception:
  (a) The board or the commission shall be bound by any finding
of fact for which there is substantial evidence in the record of
the local government proceedings resulting in approval or denial
of the exception;
  (b) The board upon petition, or the commission, shall determine
whether the local government's findings and reasons demonstrate
that the standards of subsection (1) of this section have or have
not been met; and
  (c) The board or commission shall adopt a clear statement of
reasons which sets forth the basis for the determination that the
standards of subsection (1) of this section have or have not been
met.
  (7) The commission shall by rule establish the standards
required to justify an exception to the definition of 'needed
housing' authorized by ORS 197.303 (3).
  (8) As used in this section, 'exception' means a comprehensive
plan provision, including an amendment to an acknowledged
comprehensive plan, that:
  (a) Is applicable to specific properties or situations and does
not establish a planning or zoning policy of general
applicability;
  (b) Does not comply with some or all goal requirements
applicable to the subject properties or situations; and
  (c) Complies with standards under subsection (1) of this
section.
  (9) An exception acknowledged under ORS 197.251, 197.625 or
197.630 (1) (1981 Replacement Part) on or before August 9, 1983,
shall continue to be valid and   { - shall not be - }   { + is
not + } subject to this section.
  SECTION 2.  { + The amendments to ORS 197.732 by section 1 of
this 2003 Act apply to a proposal initiated on or after the
effective date of this 2003 Act to adopt an exception to a land
use planning goal. + }
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