Current through Register Vol. 63, No. 3, March 1, 2024
(1) Cities and
counties shall implement plans and land use regulations to support compact,
pedestrian-friendly, mixed-use land use development patterns in urban areas.
Land use development patterns must support access by people using pedestrian,
bicycle, and public transportation networks.
(2) Cities and counties may allow exemptions
to provisions in this rule when conditions on a site or class of sites would
make those provisions prohibitively costly or impossible to implement. Cities
or counties may adopt land use regulations that provide for exemptions as
provided in this section. Any allowed exemption shall advance the purposes of
this rule to the extent practical. Conditions that may provide for an exemption
include, but are not limited to:
(a)
Topography or natural features;
(b)
Railroads, highways, or other permanent barriers;
(c) Lot or parcel size, orientation, or
shape;
(d) Available
access;
(e) Existing or
nonconforming development;
(f) To
provide for accessibility for people with disabilities; or
(g) Other site constraints.
(3) Cities and counties shall have
land use regulations that provide for pedestrian-friendly and connected
neighborhoods. Land use regulations must meet the following requirements for
neighborhood design and access:
(a)
Neighborhoods shall be designed with connected networks of streets, paths,
accessways, and other facilities to provide circulation within the neighborhood
and pedestrian and bicycle system connectivity to adjacent districts. A
connected street network is desirable for motor vehicle traffic but may be
discontinuous where necessary to limit excessive through-travel, or to protect
a safe environment for walking, using mobility devices, and bicycling in the
neighborhood.
(b) Neighborhoods
shall be designed with direct pedestrian access to key destinations identified
in OAR 660-012-0360 via pedestrian facilities.
(c) Cities and counties shall set block
length and block perimeter standards at distances that will provide for
pedestrian network connectivity. Cities and counties may allow alleys or public
pedestrian facilities through a block to be used to meet a block length or
perimeter standard.
(d) Cities and
counties shall set standards to reduce out-of-direction travel for people using
the pedestrian or bicycle networks.
(4) Cities and counties shall have land use
regulations in commercial and mixed-use districts that provide for a compact
development pattern, easy ability to walk or use mobility devices, and allow
direct access on the pedestrian, bicycle, and public transportation networks.
Commercial or mixed-use site design land use regulations must meet the
following requirements:
(a) Primary pedestrian
entrances to buildings must be oriented to a public pedestrian facility and be
accessible to people with mobility disabilities. An uninterrupted accessway,
courtyard, plaza, or other pedestrian-oriented space must be provided between
primary pedestrian entrances and the public pedestrian facility, except where
the entrance opens directly to the pedestrian facility. All pedestrian
entrances must be designed to be barrier-free.
(b) Motor vehicle parking, circulation,
access, and loading may be located on site beside or behind buildings. Motor
vehicle parking, circulation, access, and loading must not be located on site
between buildings and public pedestrian facilities on or along the primary
facing street. Bicycle parking may be permitted.
(c) On-site accessways must be provided to
directly connect key pedestrian entrances to public pedestrian facilities, to
any on-site parking, and to adjacent properties, as applicable.
(d) Any pedestrian entrances facing an
on-site parking lot must be secondary to primary pedestrian entrances as
required in this section. Primary pedestrian entrances for uses open to the
public must be open during business hours.
(e) Large sites must be designed with a
connected network of public pedestrian facilities to meet the requirements of
this section.
(f) Development on
sites adjacent to a transit stop or station on a priority transit corridor must
be oriented to the transit stop or station. The site design must provide a high
level of pedestrian connectivity and amenities adjacent to the stop or station.
If there is inadequate space in the existing right of way for transit
infrastructure, then the infrastructure must be accommodated on site.
(g) Development standards must be consistent
with bicycle parking requirements in OAR 660-012-0630.
(h) These site design land use regulations
need not apply to districts with a predominantly industrial or agricultural
character.
(5) Cities
and counties shall have land use regulations in residential neighborhoods that
provide for slow neighborhood streets comfortable for families, efficient and
sociable development patterns, and provide for connectivity within the
neighborhood and to adjacent districts. Cities and counties must adopt land use
regulations to meet these objectives, including but not limited to those
related to setbacks, lot size and coverage, building orientation, and
access.
(6) Cities and counties
shall have land use regulations that ensure auto-oriented land uses are
compatible with a community where it is easy to walk or use a mobility device.
Auto-oriented land uses include uses related to the operation, sale,
maintenance, or fueling of motor vehicles, and uses where the use of a motor
vehicle is accessory to the primary use, including drive-through uses. Land use
regulations must meet the following requirements:
(a) Auto-oriented land uses must provide safe
and convenient access opportunities for people walking, using a mobility
device, or riding a bicycle. Ease of access to goods and services must be
equivalent to or better than access for people driving a motor
vehicle.
(b) Outside of
climate-friendly areas, cities and counties may provide for exemptions to this
rule in cases where an auto-oriented land use cannot reasonably meet the
standards of this rule. Standards developed in cases of an exemption must
protect pedestrian facilities.
(7) Cities and counties with an urban area
over 100,000 in population must have reasonable land use regulations that allow
for development of low-car districts. These districts must be developed with
no-car or low-car streets, where walking or using mobility devices are the
primary methods of travel within the district. Cities and counties must make
provisions for emergency vehicle access and local freight delivery. Low-car
districts must be allowed in locations where residential or mixed-use
development is authorized.
(8)
Cities and counties must implement land use regulations to protect
transportation facilities, corridors, and sites for their identified functions.
These regulations must include, but are not limited to:
(a) Access control actions consistent with
the function of the transportation facility, including but not limited to
driveway spacing, median control, and signal spacing;
(b) Standards to protect future construction
and operation of streets, transitways, paths, and other transportation
facilities;
(c) Standards to
protect public use airports as provided in OAR 660-013-0080;
(d) Processes to make a coordinated review of
future land use decisions affecting transportation facilities, corridors, or
sites;
(e) Processes to apply
conditions to development proposals in order to minimize impacts and protect
transportation facilities, corridors, or sites for all transportation
modes;
(f) Regulations to provide
notice to public agencies providing transportation facilities and services,
railroads, Metropolitan Planning Organizations, the Oregon Department of
Transportation, and the Oregon Department of Aviation of:
(A) Land use applications that require public
hearings;
(B) Subdivision and
partition applications;
(C) Other
applications that affect private access to roads; and
(D) Other applications within airport noise
corridors and imaginary surfaces that affect airport operations.
(g) Regulations ensuring that
amendments to land use designations, densities, and design standards are
consistent with the functions, capacities, and performance standards of
facilities identified in the TSP.
Statutory/Other Authority: ORS
197.040
Statutes/Other Implemented: ORS
197.012 & ORS
197.712
