ORS 197A.385 Residential treatment facilities

Within an urban growth boundary, a local government shall allow a residential treatment facility or residential treatment home, as those terms are defined in ORS 443.400, without requiring a plan amendment, zone change or conditional use permit for property that is:

Owned by a public body, as defined in ORS 174.109; or

Zoned for:

Residential uses;

Commercial uses;

Employment uses;

Public lands, not including park land; or

Industrial uses, provided that if the property is:

Publicly owned or owned by a public benefit corporation as defined in ORS 65.001;

Within 250 feet of lands zoned for residential use; and

Not specifically designated for heavy industrial uses.

This section does not apply on land where the local government determines that:

The facility cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the property is complete; or

The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:

Natural disasters and hazards; or

Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.

This section does not trigger any requirement that a local government consider or update an analysis as required by a statewide land use planning goal relating to economic development.

A decision made under this section is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. A decision under this section may only be appealed by writ of review under ORS 34.010 to 34.100.

A local government shall issue a final decision under this section within 120 days after a completed application is filed with the local government.