ORS 197.312
Limitation on city and county prohibitions

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 2

(1)

A city or county may not by charter prohibit from all residential zones attached or detached single-family housing, multifamily housing for both owner and renter occupancy or manufactured homes. A city or county may not by charter prohibit government assisted housing or impose additional approval standards on government assisted housing that are not applied to similar but unassisted housing.

(2)

Intentionally left blank —Ed.

(a)

A single-family dwelling for a farmworker and the farmworker’s immediate family is a permitted use in any residential or commercial zone that allows single-family dwellings as a permitted use.

(b)

A city or county may not impose a zoning requirement on the establishment and maintenance of a single-family dwelling for a farmworker and the farmworker’s immediate family in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other single-family dwellings in the same zone.

(3)

Intentionally left blank —Ed.

(a)

Multifamily housing for farmworkers and farmworkers’ immediate families is a permitted use in any residential or commercial zone that allows multifamily housing generally as a permitted use.

(b)

A city or county may not impose a zoning requirement on the establishment and maintenance of multifamily housing for farmworkers and farmworkers’ immediate families in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other multifamily housing in the same zone.

(4)

A city or county may not prohibit a property owner or developer from maintaining a real estate sales office in a subdivision or planned community containing more than 50 lots or dwelling units for the sale of lots or dwelling units that remain available for sale to the public.

(5)

Intentionally left blank —Ed.

(a)

A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas within the urban growth boundary that are zoned for detached single-family dwellings the development of at least one accessory dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design.

(b)

As used in this subsection:

(A)

“Accessory dwelling unit” means an interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling.

(B)

“Reasonable local regulations relating to siting and design” does not include owner-occupancy requirements of either the primary or accessory structure or requirements to construct additional off-street parking.

(6)

Subsection (5) of this section does not prohibit local governments from regulating vacation occupancies, as defined in ORS 90.100 (Definitions), to require owner-occupancy or off-street parking. [1983 c.795 §5; 1989 c.964 §7; 2001 c.437 §1; 2001 c.613 §3; 2011 c.354 §4; 2017 c.745 §6; 2018 c.15 §7; 2019 c.639 §7]

Source: Section 197.312 — Limitation on city and county prohibitions, https://www.oregonlegislature.gov/bills_laws/ors/ors197.html.

Notes of Decisions

LUBA did not err in finding that provision’s requirement for cities and counties over certain size to allow at least one accessory dwelling unit (ADU) for each detached single-family dwelling within urban growth boundary permitted local regulation only of where ADUs are sited on lot, and did not permit local regulation of where ADUs are sited within areas zoned for detached single-family dwellings. Kamps-Hughes v. City of Eugene, 305 Or App 224, 470 P3d 429 (2020)

Law Review Citations

26 WLR 398 (1990)

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

ORS 197.312 Limitation on city and county prohibitions

Amended by HB 4064

(1)

(2)

(a)

(b)

(3)

(a)

(b)

(4)

(5)

(a)

(b)

(A)

(B)

(6)

Notes of Decisions

Law Review Citations

ORS 197.312
Limitation on city and county prohibitions