Or. Admin. Code § 660-012-0320 - Land Use Requirements in Climate-Friendly Areas
(1) Cities and counties subject to the
provisions of OAR 660-012-0310 shall incorporate
the requirements in sections (2) through (7) of this rule into policies and
development regulations that apply in all climate-friendly areas. Cities and
counties shall either incorporate the provisions in section (8) into
development regulations for climate-friendly areas, or shall demonstrate with
adopted findings and analysis that alternative development regulations for
climate-friendly areas will comply with the requirements in section (9). If
adopting more than one climate-friendly area, a city or county may demonstrate
compliance with either section (8) or section (9) for each climate-friendly
area, provided that all requirements for each respective climate-friendly area
are met.
(2) Except as noted in
subsection (a) and section (3), development regulations for a climate-friendly
area shall allow single-use and mixed-use development within individual
buildings and development sites, including the following outright permitted
uses:
(a) Multi-unit housing and attached
single-unit housing. Other residential building types may be allowed, subject
to compliance with applicable minimum density requirements in section (8) of
this rule, or alternative land use requirements as provided in section (9).
Notwithstanding this section, local governments may require ground floor
commercial and office uses within otherwise single-use multi-unit buildings,
unless a multi-unit building will contain units subject to a recorded agreement
that runs with the land and requires affordability for an established income
level for a defined period of time.
(b) Office-type uses.
(c) Non-auto dependent retail, services, and
other commercial uses.
(d) Child
care, schools, and other public uses, including public-serving government
facilities.
(3) Portions
of abutting residential or employment-oriented zoned areas within a half-mile
walking distance of a mixed-use area zoned as provided in section (1) may count
towards climate-friendly area requirements, if in compliance with subsections
(a) or (b). Notwithstanding existing development, zoned residential building
capacity shall be calculated for the abutting areas based on allowed building
heights and existing development standards in these areas, as provided in OAR
660-012-0315(2)
or using an alternative methodology as provided in OAR
660-012-0320(10).
Residential densities for abutting areas shall correspond to the
climate-friendly area type, provided in subsections (8)(a), (b), or (c) or
(9)(a), (b), or (c). Employment densities for abutting areas shall comply with
the thresholds in subsection (b). If subsections (a) or (b) are met, no changes
to existing zoning or development standards are required for these areas.
(a) Residential areas with minimum
residential densities or existing residential development equal to or greater
than the densities provided in section (8); or
(b) Existing employment uses equal to or
greater than the number of jobs per acre provided in paragraphs (A), (B), or
(C) as applicable.
(A) Qualifying areas within
local governments with a population greater than 5,000 up to 25,000 shall
provide at least 20 jobs per net acre.
(B) Qualifying areas within local governments
with a population greater than 25,000 up to 50,000 shall provide at least 30
jobs per net acre.
(C) Qualifying
areas within local governments with a population greater than 50,000 shall
provide at least 40 jobs per net acre.
(4) Local governments shall prioritize
locating government facilities that provide direct service to the public within
climate-friendly areas and shall prioritize locating parks, open space, plazas,
and similar public amenities in or near climate-friendly areas that do not
contain sufficient parks, open space, plazas, or similar public amenities.
Local governments shall amend comprehensive plans to reflect these policies,
where necessary. Streetscape requirements in climate-friendly areas shall
include street trees and other landscaping, where feasible.
(5) Local governments shall establish maximum
block length standards as provided below. For the purpose of this rule, a
development site consists of the total site area proposed for development,
absent previously dedicated rights-of-way, but including areas where additional
right-of-way dedication may be required.
(a)
For development sites less than 5.5 acres in size, a maximum block length of
500 feet or less. Where block length exceeds 350 feet, a public pedestrian
through-block easement shall be provided to facilitate safe and convenient
pedestrian connectivity in climate-friendly areas. Substantial redevelopment of
sites of two acres or more within an existing block that does not meet the
standard shall provide a public pedestrian accessway allowing direct passage
through the development site such that no pedestrian route will exceed 350 feet
along any block face. Local governments may grant exceptions to street and
accessway requirements as provided in OAR
660-012-0330(2).
(b) For development sites of 5.5 acres or
more, a maximum block length of 350 feet or less. Local governments may grant
exemptions to street requirements as provided in OAR
660-012-0330(2).
(6) Development regulations may
not include a maximum density limitation.
(7) Local governments shall adopt policies
and development regulations in climate-friendly areas that implement the
following:
(a) The transportation review
process in OAR 660-012-0325;
(b) The land use requirements as provided in
OAR 660-012-0330;
(c) The applicable parking requirements as
provided in OAR 660-012-0435; and
(d) The applicable bicycle parking
requirements as provided in OAR
660-012-0630.
(8) Local governments shall adopt
either the following provisions into development regulations for
climate-friendly areas, or the requirements in section (9). Local governments
are not required to enforce the minimum residential densities below for
mixed-use buildings (buildings that contain residential units, as well as
office, commercial, or other non-residential uses) if the mixed-use buildings
meet a minimum floor area ratio of 2.0. A floor area ratio is the ratio of the
gross floor area of all buildings on a development site, excluding areas within
buildings that are dedicated to vehicular parking and circulation, in
proportion to the net area of the development site on which the buildings are
located. A floor area ratio of 2.0 would indicate that the gross floor area of
the building was twice the net area of the site. Local governments are not
required to enforce the minimum residential densities below for redevelopment
that renovates and adds residential units within existing buildings, but that
does not add residential units outside the existing exterior of the building.
(a) Local governments with a population
greater than 5,000 up to 25,000 shall adopt the following development
regulations for climate-friendly areas:
(A) A
minimum residential density requirement of 15 dwelling units per net acre;
and
(B) Maximum building height no
less than 50 feet.
(b)
Local governments with a population greater than 25,000 up to 50,000 shall
adopt the following development regulations for at least one climate-friendly
area with a minimum area of 25 acres. Additional climate-friendly areas may
comply with the following standards or the standards in subsection (a).
(A) A minimum residential density requirement
of 20 dwelling units per net acre; and
(B) Maximum building height no less than 60
feet.
(c) Local
governments with a population greater than 50,000 shall adopt the following
development regulations for at least one climate-friendly area with a minimum
area of 25 acres. Additional climate-friendly areas may comply with the
following standards or the standards in subsections (a) or (b):
(A) A minimum residential density requirement
of 25 dwelling units per net acre; and
(B) Maximum building height no less than 85
feet.
(9) As
an alternative to adopting the development regulations in section (8), local
governments may demonstrate with adopted findings and analysis that their
adopted development regulations for climate-friendly areas will provide for
equal or higher levels of development in climate-friendly areas than those
allowed per the standards in section (8). Additional zoned building capacity of
25 percent may be included for development regulations that allow height
bonuses for additional zoned building capacity above established maximums that
are consistent with OAR
660-012-0315(2)(c)(B).
Specifically, the local government must demonstrate that the alternative
development regulations will consistently and expeditiously allow for the
levels of development described in subsections (a)-(c). Alternative development
regulations must require either a minimum residential density of 15 dwelling
units per net acre or a minimum floor area ratio of 1.0, as described in
section (8).
(a) Local governments with a
population greater than 5,000 up to 25,000 shall adopt development regulations
to allow a zoned building capacity of at least 60,000 square feet per net acre,
based on regulations impacting buildable site area as described in OAR
660-012-0315(2)(a) and
(b) and allowed building heights.
(b) Local governments with a population
greater than 25,000 up to 50,000 shall adopt development regulations for at
least one climate-friendly area of at least 25 acres to allow a zoned building
capacity of at least 90,000 square feet per net acre, based on regulations
impacting buildable site area as described in OAR
660-012-0315(2)(a) and
(b) and allowed building heights. Additional
climate-friendly areas may comply with this standard or with the standard in
subsection (a).
(c) Local
governments with a population greater than 50,000 shall adopt development
regulations for at least one climate-friendly area of at least 25 acres to
allow a zoned building capacity of at least 120,000 square feet per net acre,
based on regulations impacting buildable site area as described in OAR
660-012-0315(2)(a) and
(b) and allowed building heights. Additional
climate-friendly areas may comply with this standard or with the standard in
subsections (a) or (b).
(10) A local government may provide an
alternative methodology for zoned residential building capacity calculations
that differs from OAR
660-012-0315(2).
The methodology must clearly describe all assumptions and calculation steps,
and must demonstrate that the methodology provides an equal or better system
for determining the zoned residential building capacity sufficient to
accommodate at least 30 percent of the total identified number of housing units
necessary to meet all current and future housing needs within climate-friendly
areas. The alternative methodology shall be supported by studies of development
activity in the region, market studies, or similar research and
analysis.
Notes
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.012 & ORS 197.712
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