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ORS 197.296 (HB 2709)

197.296 Amendment of comprehensive plan to include sufficient
buildable lands within urban growth boundary; analysis and
determination of residential housing patterns. (1)(a) The provisions
of this section apply to local government comprehensive plans for
lands:
  (A) Within any urban growth boundary for a city with a population of
25,000 or more;
  (B) Within any urban growth boundary for a city with a population of
less than 25,000 with a rate of growth that exceeded the average rate
of growth for the state for three of the last five years; and
  (C) For which a functional plan is prepared by a metropolitan
service district under ORS 268.390 (2).
  (b) Notwithstanding paragraph (a) of this subsection, the Land
Conservation and Development Commission may waive the requirements of
that paragraph.
  (2) At periodic review or any other legislative review of the urban
growth boundary, comprehensive plans or functional plans shall provide
sufficient buildable lands within urban growth boundaries established
pursuant to statewide planning goals to accommodate estimated housing
needs for 20 years.
  (3) As part of its next periodic review pursuant to ORS 197.628 to
197.650 following September 9, 1995, or any other legislative review
of the urban growth boundary, a local government shall:
  (a) Inventory the supply of buildable lands within the urban growth
boundary;
  (b) Determine the actual density and the actual average mix of
housing types of residential development that have occurred within the
urban growth boundary since the last periodic review or five years,
whichever is greater; and
  (c) Conduct an analysis of housing need by type and density range,
in accordance with ORS 197.303 and statewide planning goals and rules
relating to housing, to determine the amount of land needed for each
needed housing type for the next 20 years.
  (4) If the determination required by subsection (3) of this section
indicates that the urban growth boundary does not contain sufficient
buildable lands to accommodate housing needs for 20 years at the
actual developed density that has occurred since the last periodic
review, the local government shall take one of the following actions:

  (a) Amend its urban growth boundary to include sufficient buildable
lands to accommodate housing needs for 20 years at the actual
developed density during the period since the last periodic review or
within the last five years, whichever is greater. As part of this
process, the amendment shall include sufficient land reasonably
necessary to accommodate the siting of new public school facilities.
The need and inclusion of lands for new public school facilities shall
be a coordinated process between the affected public school districts
and the local government that has the authority to approve the urban
growth boundary;
  (b) Amend its comprehensive plan, functional plan or land use
regulations to include new measures that demonstrably increase the
likelihood that residential development will occur at densities
sufficient to accommodate housing needs for 20 years without expansion
of the urban growth boundary. A local government or metropolitan
service district that takes this action shall monitor and record the
level of development activity and development density by housing type
following the date of the adoption of the new measures; or
  (c) Adopt a combination of the actions described in paragraphs (a)
and (b) of this subsection.
  (5) Using the analysis conducted under subsection (3)(c) of this
section, the local government shall determine the overall average
density and overall mix of housing types at which residential
development of needed housing types must occur in order to meet
housing needs over the next 20 years. If that density is greater than
the actual density of development determined under subsection (3)(b)
of this section, or if that mix is different from the actual mix of
housing types determined under subsection (3)(b) of this section, the
local government, as part of its periodic review, shall adopt measures
that demonstrably increase the likelihood that residential development
will occur at the housing types and density and at the mix of housing
types required to meet housing needs over the next 20 years.
  (6) A local government that takes any actions under subsection (4)
or (5) of this section shall demonstrate that the comprehensive plan
and land use regulations comply with goals and rules adopted by the
commission and implement ORS 197.295 to 197.314.
  (7) In establishing that actions and measures adopted under
subsections (4) and (5) of this section demonstrably increase the
likelihood of higher density residential development, the local
government shall at a minimum ensure that land zoned for needed
housing is in locations appropriate for the housing types identified
under subsection (3) of this section and is zoned at density ranges
that are likely to be achieved by the housing market using the
analysis in subsection (3) of this section.  Actions or measures, or
both, may include but are not limited to:
  (a) Increases in the permitted density on existing residential land;
  (b) Financial incentives for higher density housing;
  (c) Provisions permitting additional density beyond that generally
allowed in the zoning district in exchange for amenities and features
provided by the developer;
  (d) Removal or easing of approval standards or procedures;
  (e) Minimum density ranges;
  (f) Redevelopment and infill strategies;
  (g) Authorization of housing types not previously allowed by the
plan or regulations; and
  (h) Adoption of an average residential density standard.
<1995 c.547 s3>
    Note: 197.296 and 197.298 were added to and made a part of 197.295
to 197.314 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation.

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February 07, 2001