2015 ORS 215.312¹
Public safety training facility

(1) As used in this section, "public safety training facility" or "facility" means one or more improvements established by Portland Community College in support of curriculum focused on public safety training or education, including public safety response to an emergency, as defined in ORS 401.025 (Definitions for ORS chapter 401).

(2) In addition to the nonfarm uses that may be established in an area zoned for exclusive farm use under ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1), Portland Community College may establish a public safety training facility as an outright permitted use on up to 300 acres of land in an area zoned for exclusive farm use, notwithstanding:

(a) The statewide land use planning goals and administrative rules adopted by the Land Conservation and Development Commission.

(b) The minimum lot or parcel size under ORS 215.780 (Minimum lot or parcel sizes).

(3) Portland Community College may establish the public safety training facility jointly in cooperation with one or more other public bodies, as defined in ORS 174.109 ("Public body" defined).

(4) Portland Community College shall:

(a) Use the public safety training facility to support curriculum focused on public safety training and education; and

(b) Make the facility available for use by other public bodies for public safety training or education of public safety personnel, as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670), and other providers of emergency services, as defined in ORS 401.025 (Definitions for ORS chapter 401).

(5) A public safety training facility authorized by this section:

(a) Must be sited on land that is within a community college district in Columbia County.

(b) May not be established unless Portland Community College applies for land use approval of the facility on or before December 31, 2015.

(6) When making decisions approving the public safety training facility authorized by this section, the local government:

(a) Shall apply only those procedural provisions and objective development standards of its land use regulations that apply to uses permitted outright under ORS 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1).

(b) Is not required to amend the acknowledged comprehensive plan or land use regulations to implement this section.

(7) Before approving the public safety training facility authorized by this section, the local government shall hold at least one public hearing and allow interested persons to testify regarding the location of the facility.

(8) A decision made by the local government to approve the public safety training facility authorized by this section is not:

(a) A land use decision or a limited land use decision, as those terms are defined in ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325); and

(b) Subject to review by the Land Use Board of Appeals under ORS 197.805 (Policy on review of land use decisions) to 197.855 (Deadline for final court order). [2013 c.725 §3]

Note: 215.312 (Public safety training facility) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 215

Notes of Decisions

Published notice is adequate if prop­erty owners can reasonably ascertain that prop­erty in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme es­tab­lishing LCDC and granting it authority to es­tab­lish state-wide land use planning goals does not unconstitu­tionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain por­tions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., applica­tion to county governing bodies and planning com­mis­sions, (1974) Vol 36, p 960; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Cita­tions

36 EL 25 (2006)


1 Legislative Counsel Committee, CHAPTER 215—County Planning; Zoning; Housing Codes, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors215.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 215, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano215.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.