Or. Admin. Code § 660-038-0060

Current through Register Vol. 63, No. 10, October 1, 2024

Section 660-038-0060 - Buildable Lands Inventory (BLI) for Residential Land within the UGB

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.

Or. Admin. Code § 660-038-0060

LCDD 6-2015, f. 12-29-15, cert. ef. 1/1/2016; LCDD 1-2019, amend filed 01/28/2019, effective 2/5/2019

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