Final action on affordable housing application
- affordable housing developed by religious corporation
(1)As used in this section:
(a)“Affordable housing” means housing that is affordable to households with incomes equal to or less than 60 percent of the median family income for the county in which the development is built or for the state, whichever is greater, that is subject to an affordable housing covenant, as provided in ORS 456.270 (Definitions for ORS 456.270 to 456.295) to 456.295 (Action affecting covenant), that maintains the affordability for a period of not less than 60 years from the date of the certificate of occupancy.
(b)“Multifamily residential building” means a building in which three or more residential units each have space for eating, living and sleeping and permanent provisions for cooking and sanitation.
(2)Notwithstanding ORS 215.427 (Final action on permit or zone change application) (1) or 227.178 (Final action on certain applications required within 120 days) (1), a city with a population greater than 5,000 or a county with a population greater than 25,000 shall take final action on an application qualifying under subsection (3) of this section, including resolution of all local appeals under ORS 215.422 (Review of decision of hearings officer or other authority) or 227.180 (Review of action on permit application), within 100 days after the application is deemed complete.
(3)An application qualifies for final action within the timeline described in subsection (2) of this section if:
(a)The application is submitted to the city or the county under ORS 215.416 (Permit application) or 227.175 (Application for permit or zone change);
(b)The application is for development of a multifamily residential building containing five or more residential units within the urban growth boundary; and
(c)At least 50 percent of the residential units included in the development will be sold or rented as affordable housing.
(4)A city or a county shall take final action within the time allowed under ORS 215.427 (Final action on permit or zone change application) or 227.178 (Final action on certain applications required within 120 days) on any application for a permit, limited land use decision or zone change that does not qualify for review and decision under subsection (3) of this section, including resolution of all appeals under ORS 215.422 (Review of decision of hearings officer or other authority) or 227.180 (Review of action on permit application), as provided by ORS 215.427 (Final action on permit or zone change application) and 215.435 (Deadline for final action by county on remand of land use decision) or by ORS 227.178 (Final action on certain applications required within 120 days) and 227.181 (Final action required within 120 days following remand of land use decision).
(5)With respect to property within an urban growth boundary owned by a nonprofit corporation organized as a religious corporation, a local government:
(a)May apply only restrictions or conditions of approval to the development of affordable housing that are, notwithstanding ORS 197.307 (Needed housing policy) (5) or statewide land use planning goals relating to protections for historic areas:
(A)Clear and objective as described in ORS 197.307 (Needed housing policy) (4); or
(B)Discretionary standards related to health, safety, habitability or infrastructure.
(b)Shall approve the development of affordable housing on property not zoned for housing if:
(A)The property is not zoned for industrial uses; and
(B)The property is contiguous to property zoned to allow residential uses.
(6)Affordable housing allowed under subsection (5)(b) of this section may be subject only to the restrictions applicable to the contiguously zoned residential property as limited by subsection (5)(a) of this section and without requiring that the property be rezoned for residential uses. If there is more than one contiguous residential property, the zoning of the property with the greatest density applies. [2017 c.745 §1; 2021 c.446 §3]
Section 197.311 — Final action on affordable housing application; affordable housing developed by religious corporation,