Or. Admin. Code § 660-046-0040 - Compliance
(1) A Medium or
Large City may adopt land use regulations or amend its comprehensive plan to
comply with ORS 197.758 and the provisions of
this division.
(2) A Medium or
Large City may request from the Department an extension of the time allowed to
complete the action under section (1) pursuant to the applicable sections of
OAR 660-046-0300 through OAR
660-046-0370.
(3) A Medium City which is A Local Government
That Has Not Acted by June 30, 2021 or within one year of qualifying as a
Medium City pursuant to OAR
660-046-0050 and has not
received an extension under section (2), shall directly apply the applicable
Model Code contained in OAR
660-046-0010(4)
in its entirety to all proposed Middle Housing development applications until
such time as the Medium City has adopted provisions under section
(1).
(4) A Large City which is A
Local Government That Has Not Acted by June 30, 2022 or within two years of
qualifying as a Large City pursuant to OAR
660-046-0050 and has not
received an extension under section (2), shall directly apply the applicable
Model Code contained in OAR
660-046-0010(4)
for the specific Middle Housing type that is not in compliance with the
relevant rules in this division to all proposed development applications for
that specific Middle Housing type until such time as the Large City has adopted
provisions under section (1).
(5)
If a Medium or Large City has adopted land use regulations or amended its
comprehensive plan by the date provided under sections (3) and (4) and the
Medium or Large City's land use regulations or comprehensive plan changes are
subsequently remanded by the Land Use Board of Appeals or an appellate court
solely on procedural grounds, the Medium or Large City is deemed to have acted.
Accordingly, the Medium or Large City may continue to apply its own land use
regulations and comprehensive plan as they existed prior to the adoption of
land use regulations or comprehensive plan amendments that were the subject of
procedural remand until the first of the two options:
(a) The Medium or Large City has adopted land
use regulations or amended its comprehensive plan in response to the remand;
or
(b) 120 days after the date of
the remand. If the Medium or Large City has not adopted land use regulations or
amended its comprehensive plan within 120 days of the date of the remand, the
Medium or Large City is deemed not to have acted under sections (3) and
(4).
(6) If a Medium or
Large City has adopted land use regulations or amended its comprehensive plan
by the date provided under sections (3) and (4) and the Medium or Large city's
land use regulations or comprehensive plan changes are subsequently remanded by
the Land Use Board of Appeals or an appellate court on any substantive grounds,
the Medium or Large City is deemed to have not acted under sections (3) and
(4).
(7) If a Medium or Large City
acknowledged to be in compliance with this division subsequently amends its
land use regulations or comprehensive plan, and those amendments are remanded
by the Land Use Board of Appeals or an appellate court, the Medium or Large
City shall continue to apply its land use regulations and comprehensive plan as
they existed prior to the amendments until the amendments are
acknowledged.
(8) Where a Medium or
Large City directly applies the Model Code in accordance with sections (3), (4)
and (5), the Model Code completely replaces and pre-empts any provisions of
that Medium or Large City's development code that conflict with the applicable
sections of the Model Code.
Notes
Statutory/Other Authority: ORS 197.040
Statutes/Other Implemented: ORS 197.758
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