Current through Register Vol. 63, No. 9, September 1, 2024
A city must determine the supply and development capacity of
lands within its UGB by conducting a buildable lands inventory (BLI) as
provided in this rule.
(1) For
purposes of the BLI, the city shall classify the existing residential
comprehensive plan and zoning designations within its UGB based on allowed
density. The classification shall be based on either:
(a) The allowed density and housing types on
the comprehensive plan map; or
(b)
If the comprehensive plan map does not differentiate residential districts by
density or type of housing, the applicable city or county zoning map, as
follows:
(A) For cities with a UGB population
less than 2,500, districts shall be classified as follows:
(i) Districts with a maximum density less
than or equal to eight dwelling units per acre: low density residential. A city
may classify a district as low density residential despite a maximum density of
greater than eight dwelling units per acre if the majority of existing
residences within the district are single-family detached and if the city has a
medium density residential district as determined by subparagraph
(ii);
(ii) Districts with a maximum
density greater than eight dwelling units per acre: medium density
residential.
(B) For
cities with UGB populations greater than or equal to 2,500, districts shall be
classified as follows:
(i) Districts with a
maximum density less than or equal to eight dwelling units per acre: low
density residential. A city may classify a district as low density residential
despite a maximum density of greater than eight dwelling units per acre if the
majority of existing residences within the district are single-family detached
and the city has a medium density residential district as determined by
subparagraph (ii);
(ii) Districts
with a maximum density greater than eight dwelling units per acre and less than
or equal to 16 dwelling units per acre: medium density residential, unless the
district has been classified as low density residential pursuant to
subparagraph (i). A city may classify a district as medium density residential
despite a maximum density of greater than 16 dwelling units per acre if the
majority of development within the district is developed at densities of
between eight and 16 dwelling units per net acre and the city has a high
density residential district as determined by subparagraph (iii);
(iii) Districts with a maximum density
greater than 16 dwelling units per acre: high density residential, unless the
district has been classified as medium density residential pursuant to
subparagraph (ii);
(iv) A city may
not classify as low density a district that allows higher residential densities
than a district the city has classified as medium density. A city may not
classify as medium density a district that allows higher residential densities
than a district the city has classified as high density.
(2) The city must
identify all vacant lots and parcels with a residential comprehensive plan
designation. A city shall assume that a lot or parcel is vacant if it is at
least 3,000 square feet with a real market improvement value of less than
$10,000.
(3) The city must identify
all partially vacant lots and parcels with a residential comprehensive plan
designation, as follows:
(a) For lots and
parcels at least one-half acre in size that contain a single-family residence,
the city must subtract one-quarter acre for the residence, and count the
remainder of the lot or parcel as vacant land, and
(b) For lots and parcels at least one-half
acre in size that contain more than one single-family residence,
multiple-family residences, non-residential uses, or ancillary uses such as
parking areas and recreational facilities, the city must identify vacant areas
using an orthophoto or other map of comparable geometric accuracy. For the
purposes of this identification, all publicly owned park land shall be
considered developed. If the vacant area is at least one-quarter acre, the city
shall consider that portion of the lot or parcel to be vacant land.
(c) The city shall exclude the following lots
and parcels from the BLI for residential land:
(A) Lots and parcels, or portions of a lot or
parcel, that are designated on a recorded final plat as open space, common
area, utility area, conservation easement, private street, or other similar
designation without any additional residential capacity.
(B) Lots and parcels, or portions of a lot or
parcel, that are in use as a school, utility, or other public facility, or are
dedicated as public right of way.
(C) Lots and parcels, or portions of a lot or
parcel, which are in use as a non-public institution or facility, including but
not limited to private schools and religious institutions. The excluded lots
and parcels or portions of lots and parcels may not include vacant or
unimproved lands that are owned by the non-public institution or
facility.
(4)
The city must determine the amount and mapped location of low density, medium
density, and high density vacant and partially vacant land in residential plan
or zone districts within the city's UGB.
(5) The city must, within the city limits:
(a) Identify all lots and parcels within a
residential district that are developed;
(b) Identify all portions of partially vacant
lots and parcels within a residential district that are developed with
residential uses;
(c) Calculate the
total area of land identified in (a) and (b);
(d) Calculate the total number of existing
dwelling units located on the land identified in (a) and (b); and
(e) Calculate the net density of residential
development on the land identified in (a) and (b).
(6) For lots and parcels that are split:
(a) Between a residential and a
non-residential comprehensive plan designation or zoning district, the BLI
shall include only the area that is residentially designated or zoned for
purposes of determining lot and parcel size or development capacity.
(b) Between two different types of
residential comprehensive plan designations or zoning districts, the BLI shall
include each portion of the parcel separately for purposes of determining lot
and parcel size or development capacity.
Statutory/Other Authority: ORS
197.040,
ORS
197A.305,
ORS
197A.320 & ORS
197.235
Statutes/Other Implemented: ORS
197A.300,
ORS
197A.302, ORS
197A.305,
ORS
197A.310,
ORS
197A.312,
ORS
197A.315,
ORS
197A.320 & ORS
197A.325
