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 2419
House Bill 3315
Sponsored by Representative RICHARDSON; Representatives GARRARD,
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 as
introduced.
Authorizes construction of single family dwelling on lot or
parcel where dwelling could have been constructed as of November
4, 1993. Requires landowner to apply to governing body of city or
county for approval to construct dwelling. Requires city or
county or its designee to approve or deny application within 120
days of date application is submitted. Provides for judicial
review of denial of application. Specifies regulations that apply
to siting and construction of dwelling.
A BILL FOR AN ACT
Relating to land use.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 7 of this 2003 Act are added to
and made a part of ORS chapter 197. + }
SECTION 2. { + As used in sections 2 to 7 of this 2003 Act:
(1) 'Government entity' means a local government, a state
agency, board or commission in the executive branch of state
government or any other political subdivision of the state.
(2) 'Land use restriction' means:
(a) A law, a statewide planning goal or an administrative rule
establishing standards or requirements relating to land use
planning under ORS chapter 195, 196, 197, 215, 227 or 268.
(b) A comprehensive plan acknowledged under ORS 197.251 or a
land use regulation.
(c) A regional framework plan or a land use ordinance adopted
by a metropolitan service district to implement a regional
framework plan.
(3) 'Owner' means:
(a) The record holder of fee title interest in real property;
(b) The contract purchaser of real property; or
(c) A legal entity created in whole or in part by the preceding
owner to which the preceding owner transferred fee title interest
in the real property before, on or after the effective date of
this 2003 Act.
(4) 'Reinterpretation' means the application of a land use
restriction by a government entity in a manner that differs from
the established interpretation of the land use restriction on the
date the owner acquired the real property. + }
SECTION 3. { + (1) If, on or after November 4, 1993, a
government entity enacted or adopted a land use restriction or
applied a reinterpretation and the land use restriction or the
reinterpretation prohibited the owner of a lawfully established
lot or parcel from building a single family dwelling on the lot
or parcel, the governing body of the city or county with
jurisdiction over the lot or parcel or its designee shall, upon
application by the owner, approve the siting of a single family
dwelling on the lot or parcel provided:
(a) The owner acquired the lot or parcel before November 4,
1993;
(b) The owner had the right to build a single family dwelling
on the lot or parcel at the time the owner acquired the lot or
parcel; and
(c) The owner demonstrates that the single family dwelling will
be built in compliance with the laws that applied at the time the
owner acquired the lot or parcel.
(2) An owner is not entitled to approval under subsection (1)
of this section if a government entity establishes:
(a) The single family dwelling would constitute a public or
private nuisance under law or common law;
(b) The land use restriction or reinterpretation implements a
federal law;
(c) The land use restriction or reinterpretation provides
access to public beaches and it is not reasonably feasible to
site a single family dwelling on the lot or parcel because of the
access;
(d) The land use restriction was enacted, adopted or
reinterpreted before the date the owner acquired the real
property; or
(e) The land is prime farmland that has been in actual farm
production for three of the five years immediately preceding an
application for a single family dwelling under this section.
(3) An owner who seeks to establish a single family dwelling
under this section shall submit an application to the local
governing body according to procedures adopted by the local
governing body. The local governing body or its designee shall
approve or deny the application within 120 days of the date the
application is submitted. + }
SECTION 4. { + (1) Notwithstanding ORS 197.830 to 197.845 or
any provision of ORS 34.020 and 34.102 to the contrary, if an
application to establish a single family dwelling under section 3
of this 2003 Act is denied by the local governing body or its
designee, the owner may seek review of the decision as provided
under ORS 34.010 to 34.100. Except as provided in this section,
the provisions of 34.010 to 34.100 apply to an action filed under
this section.
(2) An owner who files an action under this section:
(a) Shall seek review in the circuit court for the county that
denied approval of the application or, if a city denied approval,
the county that contains the city that denied approval; and
(b) Is entitled to a trial by jury.
(3) If more than one government entity is responsible for the
land use restriction or reinterpretation that prohibits the
siting of a single family dwelling on the lot or parcel, the
circuit court shall order each responsible government entity to
issue any permits necessary for construction and use of the
dwelling.
(4) If a judgment is entered authorizing the owner to build the
single family dwelling, the court shall award attorney fees,
costs and disbursements and the reasonable expenses incurred in
the preparation and prosecution of the action to the owner.
(5) An action under this section must be filed within two years
of the effective date of this 2003 Act. + }
SECTION 5. { + (1) A single family dwelling authorized under
section 3 or 4 of this 2003 Act:
(a) Must comply with reasonable siting standards for fire,
health and safety; and
(b) Is subject to ORS 223.297 to 223.314 and local ordinances
adopted thereunder.
(2) A government entity may not impose any code provisions,
fees or other requirements on the construction and use of a
single family dwelling authorized under section 3 or 4 of this
2003 Act that do not apply generally to other dwellings
authorized without reference to sections 2 to 7 of this 2003 Act.
(3) The governing body of a city or county or its designee may
not impose standards under subsection (1)(a) of this section in a
manner that prohibits the siting of the single family dwelling
unless the governing body establishes that the lot or parcel does
not have emergency access, potable water or adequate capacity to
dispose of sewage.
(4) The governing body of a city or county or its designee may
purchase the right granted by section 3 or 4 of this 2003 Act in
lieu of authorizing the uses allowed by section 3 or 4 of this
2003 Act. + }
SECTION 6. { + A government entity may not implement or
interpret sections 2 to 7 of this 2003 Act by enacting or
adopting an administrative rule, a statewide planning goal, a
comprehensive plan provision, a land use regulation, a regional
framework plan provision or a land use ordinance adopted to
implement a regional framework plan that is inconsistent with
sections 2 to 7 of this 2003 Act. + }
SECTION 7. { + Sections 2 to 7 of this 2003 Act are cumulative
and do not abrogate other lawful remedies available, including
any remedies available for government actions under the Oregon
Constitution or the United States Constitution. + }
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