ORS 197A.460 Residential use of commercial lands for affordable housing

Notwithstanding an acknowledged comprehensive plan or land use regulations, within an urban growth boundary a local government shall allow, on lands zoned to allow only commercial uses and not industrial uses, the siting and development of:

Residential structures subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making each unit affordable to a household with income less than or equal to 60 percent of the area median income as defined in ORS 456.270; or

Mixed use structures with ground floor commercial units and residential units subject to an affordable housing covenant as provided in ORS 456.270 to 456.295 making the properties affordable to moderate income households, as defined in ORS 456.270.

The local government may only apply those approval standards, conditions and procedures under ORS 197A.200 and 197A.400, that would be applicable to the residential zone of the local government that is most comparable in density to the allowed commercial uses.

Development under this section does not:

Trigger any requirement that a local government consider or update an analysis as required by a statewide planning goal relating to economic development.

Apply on lands where the local government determines that:

The development on the property 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 lot is complete;

The property contains a slope of 25 percent or greater;

The property is within a 100-year floodplain; 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.

Apply on lands that are vacant or that were added to the urban growth boundary within the last 15 years.