Bill Text: OR SB708 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to land use planning within corporate limits of city incorporated after January 1, 1982.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB708 Detail]

Download: Oregon-2013-SB708-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3607

                         Senate Bill 708

Sponsored by Senator GEORGE (at the request of Oregonians in
  Action)

                             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.

  Prohibits city incorporated after January 1, 1982, from
processing land use applications and from making land use
decisions and limited land use decisions when city has not caused
comprehensive plan and land use regulations to be acknowledged
within four years after date of incorporation.
  Directs county with land use jurisdiction to process land use
applications and to make land use decisions and limited land use
decisions within corporate limits of city.

                        A BILL FOR AN ACT
Relating to land use planning within corporate limits of city
  incorporated after January 1, 1982; amending ORS 197.175 and
  197.757.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.175 is amended to read:
  197.175. (1) Cities and counties shall exercise their planning
and zoning responsibilities, including, but not limited to, a
city or special district boundary change which shall mean the
annexation of unincorporated territory by a city, the
incorporation of a new city and the formation or change of
organization of or annexation to any special district authorized
by ORS 198.705 to 198.955, 199.410 to 199.534 or 451.010 to
451.620, in accordance with ORS chapters 195, 196 and 197 and the
goals approved under ORS chapters 195, 196 and 197. The Land
Conservation and Development Commission shall adopt rules
clarifying how the goals apply to the incorporation of a new
city.  Notwithstanding the provisions of section 15, chapter 827,
Oregon Laws 1983, the rules shall take effect upon adoption by
the commission. The applicability of rules promulgated under this
section to the incorporation of cities prior to August 9, 1983,
shall be determined under the laws of this state.
  (2) Pursuant to ORS chapters 195, 196 and 197, each city and
county in this state shall:
  (a) Prepare, adopt, amend and revise comprehensive plans in
compliance with goals approved by the commission;
  (b) Enact land use regulations to implement their comprehensive
plans;
  (c) If its comprehensive plan and land use regulations have not
been acknowledged by the commission, make land use decisions and
limited land use decisions in compliance with the goals;
  (d) If its comprehensive plan and land use regulations have
been acknowledged by the commission, make land use decisions and
limited land use decisions in compliance with the acknowledged
plan and land use regulations; and
  (e) Make land use decisions and limited land use decisions
subject to an unacknowledged amendment to a comprehensive plan or
land use regulation in compliance with those land use goals
applicable to the amendment.  { +
  (3) Notwithstanding subsection (2)(c) to (e) of this section,
when a city incorporated after January 1, 1982, has not caused
the comprehensive plan and land use regulations of the city to be
acknowledged within four years after the date of incorporation,
as required by ORS 197.757, within the corporate limits of the
city, land use decisions, limited land use decisions and land use
applications are subject to the requirements of ORS 197.757. + }
    { - (3) - }   { + (4) + } Notwithstanding subsection (1) of
this section, the commission shall not initiate by its own action
any annexation of unincorporated territory pursuant to ORS
222.111 to 222.750 or formation of and annexation of territory to
any district authorized by ORS 198.510 to 198.915 or 451.010 to
451.620.
  SECTION 2. ORS 197.757 is amended to read:
  197.757.  { + (1) + } Cities incorporated after January 1,
1982, shall have their comprehensive plans and land use
regulations acknowledged under ORS 197.251 no later than four
years after the date of incorporation.  { +
  (2) When a city described in subsection (1) of this section has
not caused the comprehensive plan and land use regulations of the
city to be acknowledged within four years after the date of
incorporation: + }
   { +  (a) A county shall make land use decisions and limited
land use decisions that apply to subject property located within
the corporate limits of the city that are based upon the
comprehensive plan and land use regulations of the county in
which the subject property is located.
  (b) A person that submits a land use application that relates
to subject property located within the corporate limits of the
city shall submit the application to the county in which the
subject property is located, and the county shall approve or deny
the application. + }
                         ----------