OAR 660-008-0410. Model Ordinances

(1) The commission adopts the following model ordinances as shown in Attachment C: (a) A model ordinance targeted for cities with a population of less than 2,500; (b) A model ordinance targeted for cities with a population of 2,500 or greater and less than 25,000; and (c) A model ordinance targeted for cities with a population of 25,000 or greater. (2) A model ordinance under this rule: (a) Does not amend acknowledged local land use regulations; (b) Is presumed to be clear and objective as provided in ORS 197A.400; (c) May apply on lands zoned for residential use; and (d) May not apply on lands that are not zoned for residential use, except where otherwise required by a housing law. (3) The adoption or application of a model ordinance does not: (a) Require a local government to amend or repeal locally-applicable land use regulations; (b) Prohibit a local government from amending locally-applicable land use regulations; (c) Affect the applicability of protective measures adopted or applied pursuant to a statewide planning goal; (d) Trigger a requirement that a local government consider or update an analysis under a statewide planning goal relating to economic development, transportation, or public facilities; and (e) Trigger a requirement to adopt or update a housing capacity analysis or housing production strategy as provided in OAR 660-008-0045. (4) Where one or more modules cite the following provisions, those provisions are applicable: (a) Provisions contained within a separate module, including but not limited to measurements and definitions; and (b) Locally-applicable land use regulations. (5) Where a model ordinance, module, or modules are amended by subsequent rulemaking, those amended provisions are applicable as provided in ORS 227.178(3) or ORS 215.427(3). [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]