Or. Admin. Code § 660-021-0040 - Urban Reserve Area Planning and Zoning
(1) Until included in the urban growth
boundary, lands in urban reserves shall continue to be planned and zoned for
rural uses in accordance with the requirements of this rule and the applicable
statutes and goals, but in a manner that ensures a range of opportunities for
the orderly, economic and efficient provision of urban services when these
lands are included in the urban growth boundary.
(2) Urban reserve land use regulations shall
ensure that development and land divisions in exception areas and nonresource
lands will not hinder the efficient transition to urban land uses and the
orderly and efficient provision of urban services. These measures shall be
adopted by the time the urban reserves are designated, or in the case of those
local governments with planning and zoning responsibility for lands in the
vicinity of the Portland Metropolitan Area Urban Growth Boundary, by the time
such local governments amend their comprehensive plan and zoning maps to
implement urban reserve designations made by the Portland Metropolitan Service
District. The measures may include:
(a)
Prohibition on the creation of new parcels less than ten acres;
(b) Requirements for clustering as a
condition of approval of new parcels;
(c) Requirements for preplatting of future
lots or parcels;
(d) Requirements
for written waivers of remonstrance against annexation to a provider of sewer,
water or streets; and
(e)
Regulation of the siting of new development on existing lots for the purpose of
ensuring the potential for future urban development and public
facilities.
(3) For
exception areas and nonresource land in urban reserves, land use regulations
shall prohibit zone amendments allowing more intensive uses, including higher
residential density, than permitted by acknowledged zoning in effect as of the
date of establishment of the urban reserves. Such regulations shall remain in
effect until such time as the land is included in the urban growth
boundary.
(4) Resource land that is
included in urban reserves shall continue to be planned and zoned under the
requirements of applicable statewide planning goals.
(5) Urban reserve agreements consistent with
applicable comprehensive plans and meeting the requirements of OAR
660-021-0050 shall be adopted
for urban reserves.
(6) Cities and
counties are authorized to plan for the eventual provision of urban public
facilities and services to urban reserves. However, this division is not
intended to authorize urban levels of development or services in urban reserves
prior to their inclusion in the urban growth boundary. This division is not
intended to prevent any planning for, installation of, or connection to public
facilities or services in urban reserves consistent with the statewide planning
goals and with acknowledged comprehensive plans and land use regulations in
effect on the applicable date of this division.
(7) A local government shall not prohibit the
siting of a single family dwelling on a legal parcel pursuant to urban reserve
planning requirements if the single family dwelling would otherwise have been
allowed under law existing prior to the designation of the parcel as part of an
urban reserve.
Notes
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197A.245
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