Rule Rule 123-656-2100
Boundary Changes to Conform to Federal Zone

For purposes of a local request to change the boundary of an existing enterprise zone under ORS 285C.085 (Federal enterprise zones)(3):


The request is generally comparable to submission as described in OAR 123-650-4400 (Documentation with Boundary Changes) and OAR 123-656-2000 (FEDERAL ENTERPRISE ZONES — Federally Based Designation).


Such a boundary change may add an area to the existing zone, only if the area is located in a county, in which the zone is already located, or in a contiguous county.


Following the change in the zone boundary, the existing zone shall be Terminated-by-Statute or may be terminated by order of the Director, as normal under ORS 285C.245 (Termination), irrespective of the boundary change.


If the Federal Enterprise Zone terminates prematurely for nonperformance, violation of federal guidelines or similarly unusual circumstances, then the Director may rescind the order changing the boundary of the zone, as if that boundary change had never occurred. Any business firm located in an area consequently left out of the zone shall enjoy the same protection under the relevant provisions of law and this chapter of administrative rules for location in a terminated enterprise zone.


Once an enterprise zone has been designated or amended as described in OAR 123-656-2000 (FEDERAL ENTERPRISE ZONES — Federally Based Designation) or this rule, a (further) change in the boundary of the zone may be requested and done under ORS 285C.115 (Change of zone boundaries), as otherwise allowed, with the following clarifications:


If the total area of the enterprise zone equals or exceeds the relevant 12 or 15 square miles, additional area may be included only if located:


In parts of the Federal Enterprise Zone within a city, port or county that would become a cosponsor of the zone with the boundary change;


In new parts of the Federal Enterprise Zone, as amended by authority of the federal government; or


In another Federal Enterprise Zone that is located in a city, port or county that already sponsors the zone.


If the zone exceeds the maximum overall allowed distance applicable to the zone, additional areas may be included in one of the following ways:


Consistent with subsection (a) of this section;


Where such areas do not increase the overall distance within the zone consistent with provisions under ORS 285C.120 (Zone boundary change restrictions when county ceases to be sparsely populated)(1)(b) and (c); or


By virtue of a waiver under ORS 285C.120 (Zone boundary change restrictions when county ceases to be sparsely populated)(2) as described in OAR 123-650-1100 (Extended Rural Distances)(4).
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Sep. 20, 2020