Current through Register Vol. 63, No. 9, September 1, 2024
(1) As
used in this rule, "temporary natural disaster related sheltering" is limited
to:
(a) Providing short-term refuge and
life-sustaining services for disaster survivors who have been displaced from
their homes and are unable to meet their own immediate post-disaster housing
needs and is accomplished through use of fabric structures, tents and similar
accommodations.
(b) Interim
facilities that cover the gap between the natural hazard event and the return
of disaster survivors to permanent housing provided through temporary modular
structures, temporary manufactured housing or similar temporary accommodations
for victims of the natural disaster.
(c) Temporary natural disaster related
sheltering established pursuant to this rule may include parking facilities,
walkways and access to water, toilet, shower, laundry, cooking, telephone, or
other services either through separate or shared facilities.
(2) As used in this rule,
"undeveloped rural land" has the meaning provided in OAR
660-014-0040(1).
(3) A county may
justify an exception to Goal 14 to allow establishment of temporary natural
disaster related housing on undeveloped rural land. The reason justifying why
the policies in Goals 3, 4, 11 and 14 should not apply is that lands and
structures within the area specified in the application have received damage
from a wildfire identified in an Executive Order issued by the Governor in
accordance with the Emergency Conflagration Act, ORS
476.510 through
476.610.
(4) To approve an exception under section (3)
a county must also show:
(a) That Goal 2,
Part II (c)(1) is met because:
(A) The
applicant is a Tribe as defined in ORS
182.162(2)
or a public agency, on behalf of the city, unincorporated community, rural
residential exception area the temporary natural disaster related sheltering is
primarily intended to assist. Any application made on behalf of a city must
include a resolution of support adopted by that city's elected leadership,
or
(B) The applicant is a Tribe as
defined in ORS
182.162(2)
on behalf of its residents for areas that are subject to county land use
jurisdiction; and
(C) The area
specified in the application is within an area identified by an Executive Order
issued by the Governor declaring an emergency for all or parts of Oregon
pursuant to ORS
401.165,
et seq.
(b) That Goal 2,
Part II (c)(2) is met because:
(A) The city,
unincorporated community, or rural residential exception area specified in the
application has lost a significant amount of its housing inventory from a
wildfire identified in an Executive Order issued by the Governor in accordance
with ORS
476.510 through
476.610. For
purposes of this paragraph, a significant loss of housing inventory means:
(i) At least 15 percent in a city's urban
growth boundary, an unincorporated community boundary, or a city or census
designated place located within the sovereign territory of a Tribe;
or
(ii) At least 60 percent on
rural residential areas designated as exception lands or on lands within the
sovereign territory of a Tribe but not located included in a city or census
designated place.
(B) An
application made on behalf of a city demonstrates that the city considered
lands within its urban growth boundary and provided an explanation for why such
lands could not reasonably accommodate the temporary natural disaster related
sheltering.
(c) That
Goal 2, Part II (c)(3) is met because the proposed location is:
(A) Not included in a flood plain, flood way
or other areas subject to natural hazards as inventoried in the county
comprehensive plan or identified in applicable land use regulations.
(B) Not included in wildlife habitat
inventoried in the county comprehensive plan.
(C) Not included on a property containing
historical resources inventoried in the county comprehensive plan for purposes
of protecting archaeological objects, archaeological sites, burials, funerary
objects, human remains, objects of cultural patrimony and sacred
objects.
(D) Within the urban
reserve area of the city specified in the application, or, if no urban reserve
area has been established, within one mile of the applicable urban growth
boundary.
(E) Within two miles of
the boundary of the unincorporated community specified in the
application.
(F) Within two miles
of the rural residential exception area specified in the application.
(G) Within two miles of the area within the
sovereign territory of a Tribe specified in the application.
(H) If areas described in paragraphs (D),
(E), (E) or (G) of this subsection are not available because they are under
federal ownership or because damage caused by a wildfire identified in an
Executive Order issued by the Governor in accordance with ORS
476.510 through
476.610 makes
them unsuitable for development, the county may establish a different distance
that is no further than necessary to accommodate the use.
(I) Within the same school district as the
city, unincorporated community, or rural residential exception area specified
in the application unless the county establishes a different distance under
paragraph H) of this subsection, which necessarily makes such a location
impossible.
(d) That
Goal 2, Part II (c)(4) is met because the county has coordinated with effected
governments and imposes the following conditions:
(A) Temporary natural disaster related
sheltering is allowed for 36 months from the date of the Governor's emergency
declaration. The county may grant two additional 12-month extensions upon a
demonstration by the applicant that the temporary natural disaster sheltering
housing remains necessary because permanent housing units replacing those lost
to the natural hazard event are not available in sufficient
quantities.
(B) The temporary
natural disaster related sheltering, including any associated infrastructure,
will be removed when it is no longer necessary. A plan for removing the
temporary natural disaster related sheltering the end of the time-frame
specified in paragraph (A) shall be included in the application materials and,
upon meeting the county's satisfaction, be attached to the decision as a
condition of approval. A county may require that a removal plan developed
pursuant to this paragraph include a specific financial agreement in the form
of a performance bond, letter of credit or other assurance acceptable to the
county that is furnished by the applicant in an amount necessary to ensure that
there are adequate funds available for removal activities to be
completed.
(C) The project shall
adhere to standards for the protection of archaeological objects,
archaeological sites, burials, funerary objects, human remains, objects of
cultural patrimony and sacred objects, as provided in ORS
97.740 to
97.750 and
358.905 to
358.961.
(D) The property owner will sign and record
in the deed records for the county a document binding the project owner and the
project owner's successors in interest, prohibiting them from pursuing a claim
for relief or cause of action alleging injury from farming or forest practices
as defined in ORS
30.930(2) and
(4).
(5) A proposal that is found to satisfy the
requirements of this rule for an exception to Goal 14 is also deemed to satisfy
the requirements of OAR chapter 660, divisions 4 and 11 for exceptions to Goals
3, 4, and 11.
(6) The use of the
property for temporary natural disaster related sheltering shall not be a basis
to justify a new exception pursuant to OAR chapter 660, divisions 4 or
14.
(7) Approval of a reasons
exception under this rule shall be documented in the comprehensive plan and
include a specific explanation that the reasons exception does not apply for a
total period of longer than five years pursuant to paragraph
(4)(d)(A).
(8) Approval of a
reasons exception under this rule may not result in a change to the base zone
of the subject property. The county must implement the exception by either:
(a) Application of an overlay zone that
applies in addition to the base zone of the subject property. The overlay zone
shall:
(A) Clearly specify what uses may occur
under the exception, and
(B) Not
apply for a total period longer than five years pursuant to paragraph
(4)(d)(A); or
(b)
Application of comprehensive plan implementation measures consistent with Goal
2. The comprehensive plan provisions shall:
(A) Identify the property subject to the
exception,
(B) Clearly specify what
uses may occur under the exception, and
(C) Not apply for a total period longer than
five years pursuant to paragraph (4)(d)(A).
(9) Reasons exceptions adopted under this
rule qualify for the exemption to notice of a proposed change to a
comprehensive plan or land use regulation identified at OAR
660-018-0022(2).
(10) A reasons
exception taken under this rule for lands planned and zoned for resource use
under Goals 3 or 4, or both does not elevate the priority of such lands for
inclusion in an urban growth boundary for purposes of ORS
197A.320(2)(c)(A)
or ORS
197.298.
