ORS 197.308
Affordable housing allowed outright

density bonuses

Amended by HB 4051

Effective since June 3, 2022

Relating to housing; creating new provisions; amending ORS 197.308 and section 4, chapter 18, Oregon Laws 2021, and section 8, chapter 448, Oregon Laws 2021; and prescribing an effective date.

Text
Annotations

(1)

As used in this section, “affordable housing” means residential property:

(a)

In which:

(A)

Each unit on the property is made available to own or rent to families with incomes of 80 percent or less of the area median income as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development; or

(B)

The average of all units on the property is made available to families with incomes of 60 percent or less of the area median income; and

(b)

Whose affordability is enforceable, including as described in ORS 456.270 (Definitions for ORS 456.270 to 456.295) to 456.295 (Action affecting covenant), for a duration of no less than 30 years.

(2)

A local government shall allow affordable housing, and may not require a zone change or conditional use permit for affordable housing on property if:

(a)

The housing is owned by:

(A)

A public body, as defined in ORS 174.109 (“Public body” defined); or

(B)

A nonprofit corporation that is organized as a religious corporation; or

(b)

The property is zoned:

(A)

For commercial uses;

(B)

To allow religious assembly; or

(C)

As public lands.

(3)

Subsection (2) of this section:

(a)

Does not apply to the development of housing not within an urban growth boundary.

(b)

Does not trigger any requirement that a local government consider or update an analysis as required by a statewide planning goal relating to economic development.

(c)

Applies on property zoned to allow for industrial uses only if the property is:

(A)

Publicly owned;

(B)

Adjacent to lands zoned for residential uses or schools; and

(C)

Not specifically designated for heavy industrial uses.

(d)

Does not apply on lands where the local government determines that:

(A)

The development on the property cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the lot is complete;

(B)

The property contains a slope of 25 percent or greater;

(C)

The property is within a 100-year floodplain; or

(D)

The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:

(i)

Natural disasters and hazards; or

(ii)

Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.

(4)

A local government shall approve an application at an authorized density level and authorized height level, as defined in ORS 227.175 (Application for permit or zone change) (4), for the development of affordable housing, at the greater of:

(a)

Any local density bonus for affordable housing; or

(b)

Without consideration of any local density bonus for affordable housing:

(A)

For property with existing maximum density of 16 or fewer units per acre, 200 percent of the existing density and 12 additional feet;

(B)

For property with existing maximum density of 17 or more units per acre and 45 or fewer units per acre, 150 percent of the existing density and 24 additional feet; or

(C)

For property with existing maximum density of 46 or more units per acre, 125 percent of the existing density and 36 additional feet.

(5)

Intentionally left blank —Ed.

(a)

Subsection (4) of this section does not apply to housing allowed under subsection (2) of this section in areas that are not zoned for residential uses.

(b)

A local government may reduce the density or height of the density bonus allowed under subsection (4) of this section as necessary to address a health, safety or habitability issue, including fire safety, or to comply with a protective measure adopted pursuant to a statewide land use planning goal. Notwithstanding ORS 197.350 (Burden of persuasion or proof in appeal to board or commission), the local government must adopt findings supported by substantial evidence demonstrating the necessity of this reduction. [2021 c.385 §1]

Source: Section 197.308 — Affordable housing allowed outright; density bonuses, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.

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ORS 197.308 Affordable housing allowed outright

Amended by HB 4051

(1)

(a)

(A)

(B)

(b)

(2)

(a)

(A)

(B)

(b)

(A)

(B)

(C)

(3)

(a)

(b)

(c)

(A)

(B)

(C)

(d)

(A)

(B)

(C)

(D)

(i)

(ii)

(4)

(a)

(b)

(A)

(B)

(C)

(5)

(a)

(b)

ORS 197.308
Affordable housing allowed outright