ORS 222.190 [Repealed by 1975 c.326 §5]

Sec. 9. Section 10 of this 2005 Act is added to and made a part of ORS 222.210 to 222.310. [2005 c.539 §9]

Sec. 10. (1) A lot, parcel or tract may not be included in territory proposed to be consolidated to create a newly incorporated city or a consolidated city unless the owner of the lot, parcel or tract gives written consent to the incorporation or consolidation, if the lot, parcel or tract:

Is zoned for industrial use or designated for industrial use zoning in an acknowledged comprehensive plan;

Is land on which no electors reside, unless one or more electors living on-site are employed or engaged to provide security services for the industrial user of the land;

Has an assessed value of more than $2 million, including improvements; and

Is in unincorporated Jackson County within the urban unincorporated community of White City, west of Oregon Route 62.

After incorporation or consolidation of a city that includes a lot, parcel or tract described in subsection (1) of this section, the development rights that apply to the lot, parcel or tract under the industrial zoning classification applicable to the lot, parcel or tract when the city is incorporated or consolidated are retained and run with the lot, parcel or tract.

As used in this section, “urban unincorporated community” means an unincorporated community that:

Includes at least 150 permanent residential dwelling units;

Contains a mixture of land uses, including three or more public, commercial or industrial land uses;

Includes areas served by a community sewer system; and

Includes areas served by a community water system. [2005 c.539 §10; 2016 c.121 §5]

Sec. 11. Sections 2, 4, 6, 8 and 10, chapter 539, Oregon Laws 2005, are repealed June 30, 2026.