Exceptions to certain statewide planning goal criteria
- • rules
(1) The Land Conservation and Development Commission shall adopt or amend rules regarding the statewide planning goal criteria described in ORS 197.732 (Goal exceptions) (2)(a) and (b). The rules adopted or amended pursuant to this subsection must allow a local government to rezone land in an area physically developed or committed to residential use, as described in ORS 197.732 (Goal exceptions), without requiring the local government to take a new exception to statewide planning goals related to agricultural and forest lands. The rules must allow for a rezoning that authorizes the change, continuation or expansion of an industrial use that has been in operation for the five years immediately preceding the formal land use planning action that was initiated for the change, continuation or expansion of use.
(2) The rules adopted pursuant to subsection (1) of this section must provide that:
(a) The rezoned use will maintain the land:
(A) As rural land as described by commission rule; and
(B) In a manner consistent with other statewide planning goal requirements;
(b) The rural uses, density and public facilities and services permitted by the rezoning will not commit adjacent or other nearby resource land to uses that are not permitted by statewide planning goals related to agricultural and forest lands;
(c) The rural uses, density and public facilities and services permitted by the rezoning are compatible with the uses of adjacent and other nearby resource land uses; and
(d) The land to be rezoned is not in an area designated as a rural or urban reserve under ORS 195.141 (Designation of rural reserves and urban reserves pursuant to intergovernmental agreement). [2015 c.477 §1]
Note: 197.734 (Exceptions to certain statewide planning goal criteria) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 197 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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