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197.307 Effect of need for certain housing in urban growth areas; approval standards <br />for residential development; placement standards for approval of manufactured dwellings. <br />(1) The availability of affordable, decent, safe and sanitary housing opportunities for persons of <br />lower, middle and fixed income, including housing for farmworkers, is a matter of statewide <br />concern. <br /> <br />(2) Many persons of lower, middle and fixed income depend on government assisted housing <br />as a source of affordable, decent, safe and sanitary housing. <br /> <br />(3) When a need has been shown for housing within an urban growth boundary at particular <br />price ranges and rent levels, needed housing shall be permitted in one or more zoning districts or <br />in zones described by some comprehensive plans as overlay zones with sufficient buildable land <br />to satisfy that need. <br /> <br />(4) Except as provided in subsection (6) of this section, a local government may adopt and <br />apply only clear and objective standards, conditions and procedures regulating the development <br />of housing, including needed housing. The standards, conditions and procedures: <br /> <br />(a) May include, but are not limited to, one or more provisions regulating the density or <br />height of a development. <br /> <br />(b) May not have the effect, either in themselves or cumulatively, of discouraging needed <br />housing through unreasonable cost or delay. <br /> <br />(5) The provisions of subsection (4) of this section do not apply to: <br /> <br />(a) An application or permit for residential development in an area identified in a formally <br />adopted central city plan, or a regional center as defined by Metro, in a city with a population of <br />500,000 or more. <br /> <br />(b) An application or permit for residential development in historic areas designated for <br />protection under a land use planning goal protecting historic areas. <br /> <br />(6) In addition to an approval process for needed housing based on clear and objective <br />standards, conditions and procedures as provided in subsection (4) of this section, a local <br />government may adopt and apply an alternative approval process for applications and permits for <br />residential development based on approval criteria regulating, in whole or in part, appearance or <br />aesthetics that are not clear and objective if: <br /> <br />(a) The applicant retains the option of proceeding under the approval process that meets the <br />requirements of subsection (4) of this section; <br /> <br />(b) The approval criteria for the alternative approval process comply with applicable <br />statewide land use planning goals and rules; and <br /> <br />(c) The approval criteria for the alternative approval process authorize a density at or above <br />the density level authorized in the zone under the approval process provided in subsection (4) of <br />this section. <br /> <br />(7) Subject to subsection (4) of this section, this section does not infringe on a local <br /> <br />(a) Set approval standards under which a particular housing type is permitted outright; <br /> <br />(b) Impose special conditions upon approval of a specific development proposal; or <br /> <br />(c) Establish approval procedures. <br /> <br />(8) In accordance with subsection (4) of this section and ORS 197.314, a jurisdiction may <br />adopt any or all of the following placement standards, or any less restrictive standard, for the <br />approval of manufactured homes located outside mobile home parks: <br /> <br />(a) The manufactured home shall be multisectional and enclose a space of not less than 1,000 <br />square feet. <br /> <br /> <br />Page 15 | 16 <br />Draft Project Charter <br /> <br />