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DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT









 

DIVISION 8
INTERPRETATION OF GOAL 10 HOUSING

660-008-0000
Purpose
(1) The purpose of this division
is to ensure opportunity for the provision of adequate numbers of needed housing
units, the efficient use of buildable land within urban growth boundaries, and to
provide greater certainty in the development process so as to reduce housing costs.
This division is intended to provide standards for compliance with Goal 10 "Housing"
and to implement ORS 197.303 through 197.307.
(2) OAR chapter 660, division
7, Metropolitan Housing, is intended to complement and be consistent with OAR chapter
660, division 8 and Statewide Planning Goal 10 Housing (OAR 660-015-0000(10). Should
differences in interpretation between division 8 and division 7 arise, the provisions
of division 7 shall prevail for cities and counties within the Metro urban growth
boundary.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 3-2004, f. & cert. ef. 5-7-04; LCDD 2-2012, f. & cert.
ef. 2-14-12
660-008-0005
Definitions
For the purpose of this division,
the definitions in ORS 197.015, 197.295, and 197.303 shall apply. In addition, the
following definitions shall apply:
(1) “Attached Single Family
Housing” means common-wall dwellings or rowhouses where each dwelling unit
occupies a separate lot.
(2) “Buildable Land”
means residentially designated land within the urban growth boundary, including
both vacant and developed land likely to be redeveloped, that is suitable, available
and necessary for residential uses. Publicly owned land is generally not considered
available for residential uses. Land is generally considered “suitable and
available” unless it:
(a) Is severely constrained
by natural hazards as determined under Statewide Planning Goal 7;
(b) Is subject to natural resource
protection measures determined under Statewide Planning Goals 5, 6, 15, 16, 17 or
18;
(c) Has slopes of 25 percent
or greater;
(d) Is within the 100-year flood
plain; or
(e) Cannot be provided with
public facilities.
(3) “Detached Single Family
Housing” means a housing unit that is free standing and separate from other
housing units.
(4) “Housing Needs Projection”
refers to a local determination, justified in the plan, of the mix of housing types,
amounts and densities that will be:
(a) Commensurate with the financial
capabilities of present and future area residents of all income levels during the
planning period;
(b) Consistent with any adopted
regional housing standards, state statutes and Land Conservation and Development
Commission administrative rules; and
(c) Consistent with Goal 14
requirements.
(5) “Multiple Family Housing”
means attached housing where each dwelling unit is not located on a separate lot.
(6) “Needed Housing”
means housing types determined to meet the need shown for housing within an urban
growth boundary at particular price ranges and rent levels, including at least the
following housing types:
(a) Attached and detached single-family
housing and multiple family housing for both owner and renter occupancy;
(b) Government assisted housing;
(c) Mobile home or manufactured
dwelling parks as provided in ORS 197.475 to 197.490;
(d) Manufactured homes on individual
lots planned and zoned for single-family residential use that are in addition to
lots within designated manufactured dwelling subdivisions; and
(e) Housing for farmworkers.
(7) “Redevelopable Land”
means land zoned for residential use on which development has already occurred but
on which, due to present or expected market forces, there exists the strong likelihood
that existing development will be converted to more intensive residential uses during
the planning period.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDC 3-1990, f. & cert. ef. 6-6-90; LCDD 3-2004, f. & cert.
ef. 5-7-04; LCDD 3-2008, f. & cert. ef. 4-18-08; LCDD 2-2012, f. & cert.
ef. 2-14-12
660-008-0010
Allocation of Buildable
Land
The mix and density of needed
housing is determined in the housing needs projection. Sufficient buildable land
shall be designated on the comprehensive plan map to satisfy housing needs by type
and density range as determined in the housing needs projection. The local buildable lands inventory must document the
amount of buildable land in each residential plan designation.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 2-2012, f. & cert. ef. 2-14-12
660-008-0015
Clear and Objective Approval Standards Required
(1) Except as provided in section
(2) of this rule, a local government may adopt and apply only clear and objective
standards, conditions and procedures regulating the development of needed housing
on buildable land. The standards, conditions and procedures may not have the effect,
either in themselves or cumulatively, of discouraging needed housing through unreasonable
cost or delay.
(2) In addition to an approval
process for needed housing based on clear and objective standards, conditions and
procedures as provided in section (1) of this rule, a local government may adopt
and apply an optional alternative approval process for applications and permits
for residential development based on approval criteria regulating, in whole or in
part, appearance or aesthetics that are not clear and objective if:
(a) The applicant retains the
option of proceeding under the approval process that meets the requirements of section
(1);
(b) The approval criteria for
the alternative approval process comply with applicable statewide land use planning
goals and rules; and
(c) The approval criteria for
the alternative approval process authorize a density at or above the density level
authorized in the zone under the approval process provided in section (1) of this
rule.
(3) Subject to section (1),
this rule does not infringe on a local government’s prerogative to:(a) Set
approval standards under which a particular housing type is permitted outright;(b)
Impose special conditions upon approval of a specific development proposal; or
(c) Establish approval procedures.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 2-2012, f. & cert. ef. 2-14-12
660-008-0020
Specific Plan Designations Required
(1) Plan designations that allow
or require residential uses shall be assigned to all buildable land. Such designations
may allow nonresidential uses as well as residential uses. Such designations may
be considered to be "residential plan designations" for the purposes of this division.
The plan designations assigned to buildable land shall be specific so as to accommodate
the varying housing types and densities identified in the local housing needs projection.
(2) A local government may defer
the assignment of specific residential plan designations only when the following
conditions have been met:
(a) Uncertainties concerning
the funding, location and timing of public facilities have been identified in the
local comprehensive plan;
(b) The decision not to assign
specific residential plan designations is specifically related to identified public
facilities constraints and is so justified in the plan; and
(c) The plan includes a time-specific
strategy for resolution of identified public facilities uncertainties and a policy
commitment to assign specific residential plan designations when identified public
facilities uncertainties are resolved.
Stat. Auth.: ORS 197.040

Stats. Implemented:ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 5-1999, f. & cert. ef. 7-2-99; LCDD 2-2012, f. & cert.
ef. 2-14-12
660-008-0025
The Rezoning Process
A local government may defer
rezoning of land within an urban growth boundary to maximum planned residential
density provided that the process for future rezoning is reasonably justified. If
such is the case, then:
(1) The plan shall contain a
justification for the rezoning process and policies which explain how this process
will be used to provide for needed housing.
(2) Standards and procedures
governing the process for future rezoning shall be based on the rezoning justification
and policy statement, and must be clear and objective and meet other requirements
in OAR 660-008-0015.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 2-2012, f. & cert. ef. 2-14-12
660-008-0030
Regional Coordination
(1) Each local government shall
consider the needs of the relevant region in arriving at a fair allocation of housing
types and densities.
(2) The local coordination body
shall be responsible for ensuring that the regional housing impacts of restrictive
or expansive local government programs are considered. The local coordination body
shall ensure that needed housing is provided for on a regional basis through coordinated
comprehensive plans.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 2-2012, f. & cert. ef. 2-14-12
660-008-0035
Substantive Standards for Taking a Goal 2, Part II Exception Pursuant to ORS 197.303(3)
(1) A local government may satisfy
the substantive standards for exceptions contained in Goal 2, Part II, upon a demonstration
in the local housing needs projection, supported by compelling reasons and facts,
that:
(a) The needed housing type
is being provided for elsewhere in the region in sufficient numbers to meet regional
needs;
(b) Sufficient buildable land
has been allocated within the local jurisdiction for other types of housing which
can meet the need for shelter at the particular price ranges and rent levels that
would have been met by the excluded housing type; and
(c) The decision to substitute
other housing types for the excluded needed housing type furthers the policies and
objectives of the local comprehensive plan, and has been coordinated with other
affected units of government.
(2) The substantive standards
listed in section (1) of this rule shall apply to the ORS 197.303(3) exceptions
process in lieu of the substantive standards in Goal 2, Part II.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 2-2012, f. & cert. ef. 2-14-12
660-008-0040
Restrictions on Housing
Tenure
Any local government that restricts
the construction of either rental or owner occupied housing shall include a determination
of housing need according to tenure as part of the local housing needs projection.
Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 197.295
- 197.314 & 197.475 - 197.490

Hist.: LCDC 3-1982, f. &
ef. 7-21-82; LCDD 2-2012, f. & cert. ef. 2-14-12

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