DIVISION 8
INTERPRETATION OF GOAL 10 HOUSING
660-008-0000
Purpose
(1) The purpose of this rule is to assure opportunity for the provision of adequate numbers of needed housing units, the efficient use of buildable land within urban growth boundaries, and to provide greater certainty in the development process so as to reduce housing costs. This rule is intended to define standards for compliance with Goal 10 "Housing" and to implement ORS 197.303 through 197.307.
(2) OAR 660-007-0000 et seq., Metropolitan Housing, are intended to complement and be consistent with OAR 660-008-0000 et seq., Goal 10 Housing. Should differences in interpretation between OAR 660-008-0000 et seq. and 660-007-0000 et seq. arise, the provisions of OAR 660-007-0000 et seq. shall prevail for cities and counties within the Metro urban growth boundary.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.295 - 197.314 & 197.475 -
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82; LCDD 3-2004, f. & cert.
ef. 5-7-04
660-008-0005
Definitions
For the purpose of this rule, the definitions in ORS 197.015, 197.295, and 197.303 shall apply. In addition, the following definitions shall apply:
(1) “Attached Single Family Housing” means common-wall dwellings or rowhouses where each dwelling unit occupies a separate lot.
(2) “Buildable Land” means residentially designated land within the urban growth boundary, including both vacant and developed land likely to be redeveloped, that is suitable, available and necessary for residential uses. Publicly owned land is generally not considered available for residential uses. Land is generally considered “suitable and available” unless it:
(a) Is severely constrained by natural hazards as determined under Statewide Planning Goal 7;
(b) Is subject to natural resource protection measures determined under statewide Planning Goals 5, 15, 16, 17, or 18;
(c) Has slopes of 25 percent or greater;
(d) Is within the 100-year flood plain; or
(e) Cannot be provided with public facilities.
(3) “Detached Single Family Housing” means a housing unit that is free standing and separate from other housing units.
(4) “Housing Needs Projection” refers to a local determination, justified in the plan, of the mix of housing types and densities that will be:
(a) Commensurate with the financial capabilities of present and future area residents of all income levels during the planning period;
(b) Consistent with any adopted regional housing standards, state statutes and Land Conservation and Development Commission administrative rules; and
(c) Consistent with Goal 14 requirements.
(5) “Multiple Family Housing” means attached housing where each dwelling unit is not located on a separate lot.
(6) “Redevelopable Land” means land zoned for residential use on which development has already occurred but on which, due to present or expected market forces, there exists the strong likelihood that existing development will be converted to more intensive residential uses during the planning period.
Stat. Auth.:
ORS 183, 196 & 197
Stats. Implemented:
ORS 197.295 - 197.314 & 197.475 - 197.490
Hist.: LCDC
3-1982, f. & ef. 7-21-82; LCDC 3-1990, f. & cert. ef. 6-6-90; LCDD 3-2004,
f. & cert. ef. 5-7-04; LCDD 3-2008, f. & cert. ef. 4-18-08
660-008-0010
Allocation of Buildable Land
The mix and density of needed housing is determined in the housing needs projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs projection. The local buildable lands inventory must document the amount of buildable land in each residential plan designation.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82
660-008-0015
Clear and Objective Approval Standards Required
Local approval standards, special conditions and procedures regulating the development of needed housing must be clear and objective, and must not have the effect, either of themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82
660-008-0020
Specific Plan Designations Required
(1) Plan designations that allow or require residential uses shall be assigned to all buildable land. Such designations may allow nonresidential uses as well as residential uses. Such designations may be considered to be "residential plan designations" for the purposes of this division. The plan designations assigned to buildable land shall be specific so as to accommodate the varying housing types and densities identified in the local housing needs projection.
(2) A local government may defer the assignment of specific residential plan designations only when the following conditions have been met:
(a) Uncertainties concerning the funding, location and timing of public facilities have been identified in the local comprehensive plan;
(b) The decision not to assign specific residential plan designations is specifically related to identified public facilities constraints and is so justified in the plan; and
(c) The plan includes a time-specific strategy for resolution of identified public facilities uncertainties and a policy commitment to assign specific residential plan designations when identified public facilities uncertainties are resolved.
Stat. Auth.: ORS 197
Stats. Implemented:ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82; LCDD 5-1999, f. & cert.
ef. 7-2-99
660-008-0025
The Rezoning Process
A local government may defer rezoning of land within an urban growth boundary to maximum planned residential density provided that the process for future rezoning is reasonably justified. If such is the case, then:
(1) The plan shall contain a justification for the rezoning process and policies which explain how this process will be used to provide for needed housing.
(2) Standards and procedures governing the process for future rezoning shall be based on the rezoning justification and policy statement, and must be clear and objective.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82
660-008-0030
Regional Coordination
(1) Each local government shall consider the needs of the relevant region in arriving at a fair allocation of housing types and densities.
(2) The local coordination body shall be responsible for ensuring that the regional housing impacts of restrictive or expansive local government programs are considered. The local coordination body shall ensure that needed housing is provided for on a regional basis through coordinated comprehensive plans.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82
660-008-0035
Substantive Standards for Taking a Goal 2, Part II Exception Pursuant to ORS 197.303(3)
(1) A local government may satisfy the substantive standards for exceptions contained in Goal 2, Part II, upon a demonstration in the local housing needs projection, supported by compelling reasons and facts, that:
(a) The needed housing type is being provided for elsewhere in the region in sufficient numbers to meet regional needs;
(b) Sufficient buildable land has been allocated within the local jurisdiction for other types of housing which can meet the need for shelter at the particular price ranges and rent levels that would have been met by the excluded housing type; and
(c) The decision to substitute other housing types for the excluded needed housing type furthers the policies and objectives of the local comprehensive plan, and has been coordinated with other affected units of government.
(2) The substantive standards listed in section (1) of this rule shall apply to the ORS 197.303(3) exceptions process in lieu of the substantive standards in Goal 2, Part II. The standards listed in section (1) of this rule shall not apply to the exceptions process authorized by OAR 660-007-0360.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82
660-008-0040
Restrictions on Housing Tenure
Any local government that restricts the construction of either rental or owner occupied housing on or after its first periodic review shall include a determination of housing need according to tenure as part of the local housing needs projection.
Stat. Auth.: ORS 197
Stats. Implemented: ORS 197.295 - ORS 197.314 & ORS 197.475 - ORS
197.490
Hist.: LCDC 3-1982, f. & ef. 7-21-82
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