Additional Issues with Boundary Changes
With respect to any enterprise zone boundary change under ORS 285C.115:
Usable land described in section (2) of this rule must comprise:
At least 25 percent of what is added (except as specially allowed by the Department); and
None of what is removed (except in the case of a concurrent boundary change or re-/designation that would presently place such land in another enterprise zone).
Usable land for purposes of section (1) of this rule includes sites with qualities respective to eligible business firms under ORS 285C.130, such as being:
Zoned outright for uses germane to such firms consistent with an acknowledged comprehensive land use plan or expected amendments to the plan;
Free of serious impediments to development and use due to cultural or environmental concerns or regulations;
Served or realistically serviceable with infrastructure, road access, utilities and so forth that are at least potentially adequate for such firms operations; and
Vacant or physically available for substantial new business occupancy, expansions or improvements.
The changes must retain (never remove):
Any site identified as the location for proposed qualified property in an application for authorization that is or will be approved and was submitted before the boundary change took effect, and that is neither inactive under ORS 285C.165 nor fully utilized for exemptions under ORS 285C.175; and
One half of the land or actual area comprising the original enterprise zone.
If a site were removed containing operations or qualified property of any authorized or qualified business firm, such a firm shall enjoy the same protection under relevant provisions of law and this chapter of administrative rules for location in a terminated enterprise zone.
An enterprise zone as amended must still adhere to OAR 123-650-0500 to 123-650-1100. For example with respect to OAR 123-650-0700, if modification of a local, state or federal definition or delineation caused a previously existing regional or metropolitan urban growth boundary to intersect an existing rural zone, subsequent changes to that zone boundary may not add area that was within the former regional or metropolitan urban growth boundary as it existed before intersecting the zone.
A city, port or county that previously consented to including territory inside the zone does not need to be involved with a boundary change that adds area only outside of its jurisdiction, but it does need to consent again in order for any more of its territory to be included in the zone.
Neither such a change nor any comparable procedure allows a sponsoring city, port or county government, to:
Make hotel/resort businesses eligible unless such firms are eligible in the zone already, even in the case of a new city or county cosponsor that is joining the zone; or
Renounce, rescind or terminate its existing sponsorship and inclusion in the zone, which is possible only by termination of the entire zone under ORS 285C.245 or by dissolution of the jurisdiction.