OAR 660-046-0040
Compliance
(1)
A Medium or Large City may adopt land use regulations or amend its comprehensive plan to comply with ORS 197.758 (Development of middle housing) and the provisions of this division.(2)
A Medium or Large City may request from the Department an extension of the time allowed to complete the action under section (1) pursuant to the applicable sections of OAR 660-046-0300 (Purpose of Infrastructure-Based Time Extension Request Process) through OAR 660-046-0370 (Duration of Time Extension).(3)
A Medium City which is A Local Government That Has Not Acted by June 30, 2021 or within one year of qualifying as a Medium City pursuant to OAR 660-046-0050 (Eligible Local Governments) and has not received an extension under section (2), shall directly apply the applicable Model Code contained in OAR 660-046-0010 (Applicability)(4) in its entirety to all proposed Middle Housing development applications until such time as the Medium City has adopted provisions under section (1).(4)
A Large City which is A Local Government That Has Not Acted by June 30, 2022 or within two years of qualifying as a Large City pursuant to OAR 660-046-0050 (Eligible Local Governments) and has not received an extension under section (2), shall directly apply the applicable Model Code contained in OAR 660-046-0010 (Applicability)(4) for the specific Middle Housing type that is not in compliance with the relevant rules in this division to all proposed development applications for that specific Middle Housing type until such time as the Large City has adopted provisions under section (1).(5)
If a Medium or Large City has adopted land use regulations or amended its comprehensive plan by the date provided under sections (3) and (4) and the Medium or Large City’s land use regulations or comprehensive plan changes are subsequently remanded by the Land Use Board of Appeals or an appellate court solely on procedural grounds, the Medium or Large City is deemed to have acted. Accordingly, the Medium or Large City may continue to apply its own land use regulations and comprehensive plan as they existed prior to the adoption of land use regulations or comprehensive plan amendments that were the subject of procedural remand until the first of the two options:(a)
The Medium or Large City has adopted land use regulations or amended its comprehensive plan in response to the remand; or(b)
120 days after the date of the remand. If the Medium or Large City has not adopted land use regulations or amended its comprehensive plan within 120 days of the date of the remand, the Medium or Large City is deemed not to have acted under sections (3) and (4).(6)
If a Medium or Large City has adopted land use regulations or amended its comprehensive plan by the date provided under sections (3) and (4) and the Medium or Large city’s land use regulations or comprehensive plan changes are subsequently remanded by the Land Use Board of Appeals or an appellate court on any substantive grounds, the Medium or Large City is deemed to have not acted under sections (3) and (4).(7)
If a Medium or Large City acknowledged to be in compliance with this division subsequently amends its land use regulations or comprehensive plan, and those amendments are remanded by the Land Use Board of Appeals or an appellate court, the Medium or Large City shall continue to apply its land use regulations and comprehensive plan as they existed prior to the amendments until the amendments are acknowledged.(8)
Where a Medium or Large City directly applies the Model Code in accordance with sections (3), (4) and (5), the Model Code completely replaces and pre-empts any provisions of that Medium or Large City’s development code that conflict with the applicable sections of the Model Code.
Source:
Rule 660-046-0040 — Compliance, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-046-0040.