ORS 197.307
Needed housing policy

clear and objective standards for housing
siting of manufactured dwellings

Amended by HB 4064

Effective since March 23, 2022

Relating to manufactured structures; creating new provisions; amending ORS 62.803, 90.230, 174.101, 197.286, 197.307, 197.312, 197.314, 197.485, 197.492, 215.010, 307.651, 446.003, 458.352, 458.356 and 458.358 and section 18, chapter 401, Oregon Laws 2019; repealing ORS 446.007; and declaring an emergency.

Text
Annotations 4

(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)

When a need has been shown for housing within an urban growth boundary at particular price ranges and rent levels, needed housing 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.

(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 housing, including needed housing. The standards, conditions and procedures:

(a)

May include, but are not limited to, one or more provisions regulating the density or height of a development.

(b)

May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.

(5)

The provisions of 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.

(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.

(7)

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.

(8)

In accordance with subsection (4) of this section and ORS 197.314 (Required siting of manufactured homes), 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 Low-Rise Residential Dwelling Code as defined in ORS 455.010 (Definitions for ORS chapter 455).

(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 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. [1981 c.884 §5; 1983 c.795 §3; 1989 c.380 §2; 1989 c.964 §6; 1993 c.184 §3; 1997 c.733 §2; 1999 c.357 §1; 2001 c.613 §2; 2011 c.354 §3; 2017 c.745 §5; 2019 c.401 §7]

Note: The amendments to 197.307 (Needed housing policy) by section 14, chapter 401, Oregon Laws 2019, become operative January 2, 2026. See section 18, chapter 401, Oregon Laws 2019, as amended by section 1c, chapter 422, Oregon Laws 2019. The text that is operative on and after January 2, 2026, is set forth for the user’s convenience.

197.307 (Needed housing policy). (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)

(4)

(a)

May include, but are not limited to, one or more provisions regulating the density or height of a development.

(b)

May not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.

(5)

The provisions of subsection (4) of this section do not apply to:

(a)

(b)

An application or permit for residential development in historic areas designated for protection under a land use planning goal protecting historic areas.

(6)

(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)

(7)

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.

(8)

(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)

(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 (Definitions for ORS chapter 455).

(f)

(g)

Source: Section 197.307 — Needed housing policy; clear and objective standards for housing; siting of manufactured dwellings, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.

Notes of Decisions

Where local provisions deal with contents of notices required under ORS 227.178, “clear and objective” standards may be established through notice contents rather than through text of local provisions. Rogue Valley Association of Realtors v. City of Ashland, 158 Or App 1, 970 P2d 685 (1999), Sup Ct review denied

Requirement that appearance and aesthetic standards attached to certain development or permit applications be “clear and objective” applies only when standards have no other regulatory purpose. Rogue Valley Association of Realtors v. City of Ashland, 158 Or App 1, 970 P2d 685 (1999), Sup Ct review denied

Local government clear and objective standard requirement applies to standards, conditions and procedures regulating development of housing without regard to whether development will occur on buildable land. Warren v. Washington County, 296 Or App 595, 439 P3d 581 (2019), Sup Ct review denied

As used in this section, “clear and objective standards” refers to whether standard itself, when read in context, is clear and objective; phrase does not prohibit standard from containing terms that are imprecise or ambiguous, which is relevant consideration in analysis of whether standard is clear and objective. Roberts v. City of Cannon Beach, 316 Or App 305, 504 P3d 1249 (2021)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 197.307 Needed housing policy

Amended by HB 4064

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Notes of Decisions

ORS 197.307
Needed housing policy