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(Development Standards; Transferability)
<br />SECTION 11.(1) A subdivision or partition of property,
<br />or the establishment of a dwelling on property,
<br />authorized under sections 5 to 11 of this 2007 Act must
<br />comply with all applicable standards governing the
<br />siting or development of the dwelling, lot or parcel
<br />including, but not limited to, the location, design,
<br />construction or size of the dwelling, lot or parcel.
<br />However, the standards must not be applied in a manner
<br />that has the effect of prohibiting the establishment of
<br />the dwelling, lot or parcel authorized under sections 5
<br />to 11 of this 2007 Act unless the standards are reason-
<br />ably necessary to avoid or abate a nuisance, to protect
<br />public health or safety or to carry out federal law.
<br />(2) Before beginning construction of any dwelling
<br />authorized under section 6 or 7 of this 2007 Act,
<br />the owner must comply with the requirements of
<br />ORS 215.293 if the property is in an exclusive farm use
<br />zone, a forest zone or a mixed farm and forest zone.
<br />(3)(a) A city or county may approve the creation of a
<br />lot or parcel to contain a dwelling authorized under
<br />sections 5 to 11 of this 2007 Act. However, a new lot or
<br />parcel located in an exclusive farm use zone, a forest
<br />zone or a mixed farm and forest zone may not exceed:
<br />(A) Two acres if the lot or parcel is located on
<br />high-value farmland, on high-value forestland or on
<br />land within a ground water restricted area; or
<br />(B) Five acres if the lot or parcel is not located on
<br />high-value farmland, on high-value forestland or on
<br />land within a ground water restricted area.
<br />(b) If the property is in an exclusive farm use zone, a
<br />forest zone or a mixed farm and forest zone, the new
<br />lots or parcels created must be clustered so as to
<br />maximize suitability of the remnant lot or parcel for
<br />farm or forest use.
<br />(4) If an owner is authorized to subdivide or partition
<br />more than one property, or to establish dwellings on
<br />more than one property, under sections 5 to 11 of this
<br />2007 Act and the properties are in an exclusive farm use
<br />zone, a forest zone or a mixed farm and forest zone, the
<br />owner may cluster some or all of the dwellings, lots or
<br />parcels on one of the properties if that property is less
<br />suitable than the other properties for farm or forest use.
<br />If one of the properties is zoned for residential use, the
<br />owner may cluster some or all of the dwellings, lots or
<br />parcels that would have been located in an exclusive
<br />farm use zone, a forest zone or a mixed farm and forest
<br />zone on the property zoned for residential use.
<br />(5) An owner is not eligible for more than 20 home site
<br />approvals under sections 5 to 11 of this 2007 Act,
<br />regardless of how many properties that person owns or
<br />how many claims that person has filed.
<br />(6) An authorization to partition or subdivide the
<br />property, or to establish dwellings on the property,
<br />granted under section 6, 7 or 9 of this 2007 Act runs
<br />with the property and may be either transferred with the
<br />property or encumbered by another person without
<br />affecting the authorization. There is no time limit on
<br />when an authorization granted under section 6, 7 or 9 of
<br />this 2007 Act must be carried out, except that once the
<br />owner who obtained the authorization conveys the
<br />property to a person other than the owner’s spouse or
<br />the trustee of a revocable trust in which the owner is
<br />the settlor, the subsequent owner of the property must
<br />create the lots or parcels and establish the dwellings
<br />authorized by a waiver under section 6, 7 or 9 of this
<br />2007 Act within 10 years of the conveyance. In addition:
<br />(a) A lot or parcel lawfully created based on an
<br />authorization under section 6, 7 or 9 of this 2007 Act
<br />remains a discrete lot or parcel, unless the lot or parcel
<br />lines are vacated or the lot or parcel is further divided,
<br />as provided by law; and
<br />(b) A dwelling or other residential use of the property
<br />based on an authorization under section 6, 7 or 9 of this
<br />2007 Act is a permitted use and may be established or
<br />continued by the claimant or a subsequent owner,
<br />except that once the claimant conveys the property to a
<br />person other than the claimant’s spouse or the trustee
<br />of a revocable trust in which the claimant is the settlor,
<br />the subsequent owner must establish the dwellings or
<br />other residential use authorized under section 6, 7 or 9
<br />of this 2007 Act within 10 years of the conveyance.
<br />(7) When relief has been claimed under sections 5 to
<br />11 of this 2007 Act:
<br />(a) Additional relief is not due; and
<br />(b) An additional claim may not be filed,
<br />compensation is not due and a waiver may not be
<br />issued with regard to the property under sections 5 to
<br />22 of this 2007 Act or ORS 197.352 as in effect
<br />immediately before the effective date of this 2007 Act,
<br />except with respect to a land use regulation enacted
<br />after January 1, 2007.
<br />(8) A person that is eligible to be a holder as defined
<br />in ORS 271.715 may acquire the rights to carry out
<br />a use of land authorized under sections 5 to 11 of this
<br />2007 Act from a willing seller in the manner provided by
<br />ORS 271.715 to 271.795. Metro, cities and counties may
<br />enter into cooperative agreements under ORS chapter
<br />195 to establish a system for the purchase and sale of
<br />severable development interests as described in
<br />ORS 94.531. A system established under this subsection
<br />may provide for the transfer of severable development
<br />interests between the jurisdictions of the public entities
<br />that are parties to the agreement for the purpose of
<br />allowing development to occur in a location that is
<br />different from the location in which the development
<br />interest arises.
<br />(9) If a claimant is an individual, the entitlement to
<br />prosecute the claim under section 6, 7 or 9 of this
<br />2007 Act and an authorization to use the property
<br />provided by a waiver under section 6, 7 or 9 of this
<br />2007 Act:
<br />(a) Is not affected by the death of the claimant if the
<br />death occurs on or after the effective date of this
<br />2007 Act; and
<br />(b) Passes to the person that acquires the property by
<br />devise or by operation of law.
<br />BALLOT MEASURE 37 CLAIMS MADE
<br />AFTER THE DATE OF ADJOURNMENT SINE DIE
<br />OF THE 2007 REGULAR SESSION OF THE
<br />SEVENTY-FOURTH LEGISLATIVE ASSEMBLY
<br />(Generally)
<br />SECTION 12.(1) A person may file a claim for just
<br />compensation under sections 12 to 14 of this 2007 Act
<br />and ORS 197.352 after the date of adjournment sine die
<br />of the 2007 regular session of the Seventy-fourth
<br />Legislative Assembly if:
<br />(a) The person is an owner of the property and all
<br />owners of the property have consented in writing to the
<br />filing of the claim;
<br />(b) The person’s desired use of the property is a
<br />residential use or a farming or forest practice;
<br />Measure 49
<br />Official 2007 November Special Election Voters’ Pamphlet
<br />15 | State Measures
<br />continued September 24, 2018, Meeting - Item 3
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