Bill Text: OR HB2131 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to land use planning for needed housing.

Sponsorship: Unknown

Status: (Passed) 2011-06-16 - Chapter 354, (2011 Laws): Effective date January 1, 2012. [HB2131 Detail]

Download: Oregon-2011-HB2131-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 2131

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber for
  Department of Land Conservation and Development)

                     CHAPTER ................

                             AN ACT

Relating to land use planning for needed housing; amending ORS
  197.178, 197.303, 197.307, 197.312, 197.314, 197.732, 197.831
  and 307.651.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 197.178 is amended to read:
  197.178.  { + (1) + }   { - A local government with a
comprehensive plan or functional plan - }   { + Local governments
with comprehensive plans or functional plans that are
 + }identified in ORS 197.296 (1) shall compile and report
annually to the Department of Land Conservation and Development
the following information for all   { - permit - } applications
received under ORS 227.175 { +  for residential permits and
residential zone changes + }:
    { - (1) - }   { + (a) + } The number of applications received
for residential development, including the  { + net + }
residential density proposed in the application and the maximum
allowed  { + net + } residential density for the subject zone;
    { - (2) - }   { + (b) + } The number of applications
approved, including the approved  { + net + } density; and
    { - (3) - }   { + (c) + } The date each application was
received and the date it was approved or denied.
   { +  (2) The report required by this section may be submitted
electronically. + }
  SECTION 2. ORS 197.303 is amended to read:
  197.303. (1) As used in ORS 197.307,   { - until the beginning
of the first periodic review of a local government's acknowledged
comprehensive plan, - }  'needed housing' means housing types
determined to meet the need shown for housing within an urban
growth boundary at particular price ranges and rent levels  { - .
On and after the beginning of the first periodic review of a
local government's acknowledged comprehensive plan, 'needed
housing ' also means - }  { + , including at least the following
housing types + }:
  (a)   { - Housing that includes, but is not limited to, - }
Attached and detached single-family housing and multiple family
housing for both owner and renter occupancy;
  (b) Government assisted housing;
  (c) Mobile home or manufactured dwelling parks as provided in
ORS 197.475 to 197.490;   { - and - }

Enrolled House Bill 2131 (HB 2131-A)                       Page 1

  (d) Manufactured homes on individual lots planned and zoned for
single-family residential use that are in addition to lots within
designated manufactured dwelling subdivisions  { - . - }  { + ;
and
  (e) Housing for farmworkers. + }
  (2) Subsection (1)(a) and (d) of this section shall not apply
to:
  (a) A city with a population of less than 2,500.
  (b) A county with a population of less than 15,000.
  (3) A local government may take an exception  { + under ORS
197.732 + } to  { + the definition of 'needed housing' in + }
subsection (1) of this section in the same manner that an
exception may be taken under the goals.
  SECTION 3. ORS 197.307 is amended to read:
  197.307. (1) The availability of affordable, decent, safe and
sanitary housing opportunities for persons of lower, middle and
fixed income, including housing for farmworkers, is a matter of
statewide concern.
  (2) Many persons of lower, middle and fixed income depend on
government assisted housing as a source of affordable, decent,
safe and sanitary housing.
    { - (3)(a) - }   { + (3) + } When a need has been shown for
housing within an urban growth boundary at particular price
ranges and rent levels, needed housing  { - , including housing
for farmworkers, - }  shall be permitted in one or more zoning
districts or in zones described by some comprehensive plans as
overlay zones with sufficient buildable land to satisfy that
need.
    { - (b) A local government shall attach only clear and
objective approval standards or special conditions regulating, in
whole or in part, appearance or aesthetics to an application for
development of needed housing or to a permit, as defined in ORS
215.402 or 227.160, for residential development. The standards or
conditions may not be attached in a manner that will deny the
application or reduce the proposed housing density provided the
proposed density is otherwise allowed in the zone. - }
   { +  (4) Except as provided in subsection (6) of this section,
a local government may adopt and apply only clear and objective
standards, conditions and procedures regulating the development
of needed housing on buildable land described in subsection (3)
of this section. The standards, conditions and procedures may not
have the effect, either in themselves or cumulatively, of
discouraging needed housing through unreasonable cost or
delay. + }
    { - (c) - }   { + (5) + } The provisions of   { - paragraph
(b) of this - } subsection  { + (4) of this section + } do not
apply to { + :
  (a) + } An application or permit for residential development in
an area identified in a formally adopted central city plan, or a
regional center as defined by Metro, in a city with a population
of 500,000 or more.
    { - (d) In addition to an approval process based on clear and
objective standards as provided in paragraph (b) of this
subsection, a local government may adopt an alternative approval
process for residential applications and permits based on
approval criteria that are not clear and objective provided the
applicant retains the option of proceeding under the clear and
objective standards or the alternative process and the approval
criteria for the alternative process comply with all applicable
land use planning goals and rules. - }

Enrolled House Bill 2131 (HB 2131-A)                       Page 2

    { - (e) The provisions of this subsection shall not apply to
applications or permits - }
   { +  (b) An application or permit + } for residential
development in historic areas designated for protection under a
land use planning goal protecting historic areas.
   { +  (6) In addition to an approval process for needed housing
based on clear and objective standards, conditions and procedures
as provided in subsection (4) of this section, a local government
may adopt and apply an alternative approval process for
applications and permits for residential development based on
approval criteria regulating, in whole or in part, appearance or
aesthetics that are not clear and objective if:
  (a) The applicant retains the option of proceeding under the
approval process that meets the requirements of subsection (4) of
this section;
  (b) The approval criteria for the alternative approval process
comply with applicable statewide land use planning goals and
rules; and
  (c) The approval criteria for the alternative approval process
authorize a density at or above the density level authorized in
the zone under the approval process provided in subsection (4) of
this section. + }
    { - (4) - }   { + (7) + }   { - Subsection (3) of this
section shall not be construed as an infringement - }
 { + Subject to subsection (4) of this section, this section does
not infringe + } on a local government's prerogative to:
  (a) Set approval standards under which a particular housing
type is permitted outright;
  (b) Impose special conditions upon approval of a specific
development proposal; or
  (c) Establish approval procedures.
    { - (5) - }   { + (8) In accordance with subsection (4) of
this section and ORS 197.314,  + }a jurisdiction may adopt any or
all of the following placement standards, or any less restrictive
standard, for the approval of manufactured homes located outside
mobile home parks:
  (a) The manufactured home shall be multisectional and enclose a
space of not less than 1,000 square feet.
  (b) The manufactured home shall be placed on an excavated and
back-filled foundation and enclosed at the perimeter such that
the manufactured home is located not more than 12 inches above
grade.
  (c) The manufactured home shall have a pitched roof, except
that no standard shall require a slope of greater than a nominal
three feet in height for each 12 feet in width.
  (d) The manufactured home shall have exterior siding and
roofing which in color, material and appearance is similar to the
exterior siding and roofing material commonly used on residential
dwellings within the community or which is comparable to the
predominant materials used on surrounding dwellings as determined
by the local permit approval authority.
  (e) The manufactured home shall be certified by the
manufacturer to have an exterior thermal envelope meeting
performance standards which reduce levels equivalent to the
performance standards required of single-family dwellings
constructed under the state building code as defined in ORS
455.010.
  (f) The manufactured home shall have a garage or carport
constructed of like materials. A jurisdiction may require an
attached or detached garage in lieu of a carport where such is

Enrolled House Bill 2131 (HB 2131-A)                       Page 3

consistent with the predominant construction of immediately
surrounding dwellings.
  (g) In addition to the provisions in paragraphs (a) to (f) of
this subsection, a city or county may subject a manufactured home
and the lot upon which it is sited to any development standard,
architectural requirement and minimum size requirement to which a
conventional single-family residential dwelling on the same lot
would be subject.
    { - (6) Any approval standards, special conditions and the
procedures for approval adopted by a local government shall be
clear and objective and may not have the effect, either in
themselves or cumulatively, of discouraging needed housing
through unreasonable cost or delay. - }
  SECTION 4. ORS 197.312 is amended to read:
  197.312. (1) A city or county may not by charter prohibit from
all residential zones attached or detached single-family housing,
multifamily housing for both owner and renter occupancy or
manufactured homes. A city or county may not by charter prohibit
government assisted housing or impose additional approval
standards on government assisted housing that are not applied to
similar but unassisted housing.
    { - (2) A city or county may not impose any approval
standards, special conditions or procedures on farmworker housing
that are not clear and objective or have the effect, either in
themselves or cumulatively, of discouraging farmworker housing
through unreasonable cost or delay or by discriminating against
such housing. - }
    { - (3)(a) - }   { + (2)(a) + } A single-family dwelling for
a farmworker and the farmworker's immediate family is a permitted
use in any residential or commercial zone that allows
single-family dwellings as a permitted use.
  (b) A city or county may not impose a zoning requirement on the
establishment and maintenance of a single-family dwelling for a
farmworker and the farmworker's immediate family in a residential
or commercial zone described in paragraph (a) of this subsection
that is more restrictive than a zoning requirement imposed on
other single-family dwellings in the same zone.
    { - (4)(a) - }   { + (3)(a) + } Multifamily housing for
farmworkers and farmworkers' immediate families is a permitted
use in any residential or commercial zone that allows multifamily
housing generally as a permitted use.
  (b) A city or county may not impose a zoning requirement on the
establishment and maintenance of multifamily housing for
farmworkers and farmworkers' immediate families in a residential
or commercial zone described in paragraph (a) of this subsection
that is more restrictive than a zoning requirement imposed on
other multifamily housing in the same zone.
    { - (5) - }   { + (4) + } A city or county may not prohibit a
property owner or developer from maintaining a real estate sales
office in a subdivision or planned community containing more than
50 lots or dwelling units for the sale of lots or dwelling units
that remain available for sale to the public.
  SECTION 5. ORS 197.314 is amended to read:
  197.314. (1) Notwithstanding ORS 197.296, 197.298, 197.299,
197.301, 197.302, 197.303, 197.307, 197.312 and 197.313, within
urban growth boundaries each city and county shall amend its
comprehensive plan and land use regulations for all land zoned
for single-family residential uses to allow for siting of
manufactured homes as defined in ORS 446.003. A local government
may only subject the siting of a manufactured home allowed under

Enrolled House Bill 2131 (HB 2131-A)                       Page 4

this section to regulation as set forth in ORS 197.307
 { - (5) - }  { +  (8) + }.
  (2) Cities and counties shall adopt and amend comprehensive
plans and land use regulations under subsection (1) of this
section according to the provisions of ORS 197.610 to 197.650.
  (3) Subsection (1) of this section does not apply to any area
designated in an acknowledged comprehensive plan or land use
regulation as a historic district or residential land immediately
adjacent to a historic landmark.
  (4) Manufactured homes on individual lots zoned for
single-family residential use in subsection (1) of this section
shall be in addition to manufactured homes on lots within
designated manufactured dwelling subdivisions.
  (5) Within any residential zone inside an urban growth boundary
where a manufactured dwelling park is otherwise allowed, a city
or county shall not adopt, by charter or ordinance, a minimum lot
size for a manufactured dwelling park that is larger than one
acre.
  (6) A city or county may adopt the following standards for the
approval of manufactured homes located in manufactured dwelling
parks that are smaller than three acres:
  (a) The manufactured home shall have a pitched roof, except
that no standard shall require a slope of greater than a nominal
three feet in height for each 12 feet in width.
  (b) The manufactured home shall have exterior siding and
roofing that, in color, material and appearance, is similar to
the exterior siding and roofing material commonly used on
residential dwellings within the community or that is comparable
to the predominant materials used on surrounding dwellings as
determined by the local permit approval authority.
  (7) This section shall not be construed as abrogating a
recorded restrictive covenant.
  SECTION 6. ORS 197.732 is amended to read:
  197.732. (1) As used in this section:
  (a) 'Compatible' is not intended as an absolute term meaning no
interference or adverse impacts of any type with adjacent uses.
  (b) '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 (2) of this
section.
  (2) 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 that do not require a new exception cannot reasonably
accommodate the use;

Enrolled House Bill 2131 (HB 2131-A)                       Page 5

  (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.
  (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;
  (b) Under what circumstances particular reasons may or may not
be used to justify an exception under subsection (2)(c)(A) of
this section; and
  (c) Which uses allowed by the applicable goal must be found
impracticable under subsection (2) of this section.
  (4) A local government approving or denying a proposed
exception shall set forth findings of fact and a statement of
reasons that demonstrate that the standards of subsection (2) 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 Land Use Board of Appeals 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 (2) of this section have or have
not been met; and
  (c) The board or commission shall adopt a clear statement of
reasons that sets forth the basis for the determination that the
standards of subsection (2) 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) An exception acknowledged under ORS 197.251, 197.625 or
197.630 (1) (1981 Replacement Part) on or before August 9, 1983,
continues to be valid and is not subject to this section.
  SECTION 7. ORS 197.831 is amended to read:
  197.831. In a proceeding before the Land Use Board of Appeals
or   { - on judicial review from an order of the board - }
 { + an appellate court  + }that involves an ordinance required
to contain clear and objective approval standards { + ,
conditions and procedures + } for   { - a permit under ORS
197.307 and 227.175 - }  { +  needed housing + }, the local
government imposing the provisions of the ordinance shall
demonstrate that the approval standards { + , conditions and
procedures + } are capable of being imposed only in a clear and
objective manner.
  SECTION 8. ORS 307.651 is amended to read:
  307.651. As used in ORS 307.651 to 307.687, unless the context
requires otherwise:

Enrolled House Bill 2131 (HB 2131-A)                       Page 6

  (1) 'Distressed area' means a primarily residential area of a
city designated by a city under ORS 307.657 which, by reason of
deterioration, inadequate or improper facilities, the existence
of unsafe or abandoned structures, including but not limited to a
significant number of vacant or abandoned single or multifamily
residential units, or any combination of these or similar
factors, is detrimental to the safety, health and welfare of the
community.
  (2) 'Governing body' means the city legislative body having
jurisdiction over the property for which an exemption may be
applied for under ORS 307.651 to 307.687.
  (3) 'Qualified dwelling unit' means a dwelling unit that, upon
completion, has a market value (land and improvements) of no more
than 120 percent, or a lesser percentage as adopted by the
governing body by resolution, of the median sales price of
dwelling units located within the city.
  (4) 'Single-unit housing' means a newly constructed structure
having one or more dwelling units that:
  (a) Is, or will be, at the time that construction is completed,
in conformance with all local plans and planning regulations,
including special or district-wide plans developed and adopted
pursuant to ORS chapters 195, 196, 197 and 227.
  (b) Is constructed on or after January 1, 1990, and is
completed within two years after application for exemption is
approved under ORS 307.674 or before July 1, 2015, whichever is
earlier.
  (c) Upon completion, is designed for each dwelling unit within
the structure to be purchased by and lived in by one person or
one family.
  (d) Upon completion, has one or more qualified dwelling units
within the single-unit housing.
  (e) Is not a floating home, as defined in ORS 830.700, or a
manufactured structure, as defined in ORS 446.561, other than a
manufactured home described in ORS 197.307   { - (5)(a) - }
 { + (8)(a) + } to (f).
  (5) 'Structure' does not include the land, nor any site
development to the land, as both are defined under ORS 307.010.
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Passed by House April 27, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate May 31, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2131 (HB 2131-A)                       Page 7

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2131 (HB 2131-A)                       Page 8