Change of zone boundaries
- positive determination by department required
(1)The sponsor of an enterprise zone may change the boundary of the enterprise zone by resolution of the governing body of the sponsor.
(2)The amended enterprise zone shall:
(a)Add land zoned for use by eligible business firms that has or will have infrastructure facilities, road access, on-site water, on-site sewage disposal and necessary utility services;
(b)Continue to include any authorized business firms within the enterprise zone;
(c)Add residential areas or nonresidential areas that are adjacent to residential areas only if the level of economic hardship in the areas to be added is at least as severe as the conditions that existed at the time the original enterprise zone was designated or that currently exist in the original enterprise zone;
(d)Retain at least 50 percent of the lands in the original enterprise zone; and
(e)Meet the applicable total area and greatest distance requirements set forth in ORS 285C.090 (Requirements for area to be designated zone).
(3)If the enterprise zone is a reservation enterprise zone or a reservation partnership zone and the land to be added to the zone is not described in ORS 285C.306 (Reservation enterprise zones and reservation partnership zones), the boundary change, and the resulting boundary of the zone, must fully satisfy the provisions of this section.
(4)A boundary change under subsection (1) of this section may:
(a)Remove only the land that is residential or not zoned or available for use by eligible business firms; or
(b)Change the name of the enterprise zone.
(5)The boundary of an urban enterprise zone may not be modified to include land located outside a regional or metropolitan urban growth boundary.
(6)An area that is under the jurisdiction of a city, county or port that is not a sponsor of the enterprise zone may be added to the enterprise zone under this section only if the governing body of the nonsponsoring city, county or port adopts a resolution requesting the change and requesting that the city, county or port become a cosponsor, or a resolution consenting to the change, as provided under ORS 285C.065 (Designation of enterprise zone) (1).
(7)The resolution of the governing body of a city, county or port to become a cosponsor under subsection (6) of this section may include a restriction described in ORS 285C.070 (Election to permit hotels, motels or destination resorts as eligible business firms) (4). A restriction made under this paragraph may be made without regard to the time limitation described in ORS 285C.070 (Election to permit hotels, motels or destination resorts as eligible business firms) (4)(c) and becomes final on the effective date of the boundary change.
(8)A boundary change under this section is not final until a positive determination has been made by the Oregon Business Development Department under ORS 285C.117 (Documentation for zone boundary change to be submitted to department).
(9)A change in the boundary of an enterprise zone under this section does not change the termination date of the enterprise zone under ORS 285C.245 (Termination) (2). [Formerly 285B.680; 2005 c.94 §6; 2005 c.704 §11; 2010 c.76 §20; 2015 c.648 §16]
Section 285C.115 — Change of zone boundaries; positive determination by department required,