OAR 660-008-0415: Optional Adoption and Application by Reference

A city may adopt, in whole or in part, a model ordinance by reference targeted towards the city population size or targeted toward a larger city on land zoned for residential use within an urban growth boundary. (1) The adopting ordinance must: (a) Specify which model ordinance, module, or modules are proposed for adoption, including the commission adoption date; (A) Where a module contains more than one housing type, a city may adopt the standards to allow one or multiple housing types. (B) Nothing in this section requires a city to allow a housing type contained within a module containing more than one housing type, except as otherwise required by a housing law. (b) Specify the precise area, zones, or comprehensive plan designations in which the module or modules apply; and (c) Specify standards that apply in lieu of one or more recommended standards, if any. (2) A city may adopt a model ordinance, module, or modules that meet or exceed the maximum allowed density or intensity of lands zoned for residential use. (3) A city may not adopt a model ordinance, module, or modules to allow a housing type on lands that are either: (A) Not zoned for residential use; or (B) Zoned to require a greater minimum density or intensity than the maximum density or intensity permitted in the proposed model ordinance, module, or modules. (3) Recommended standards are applicable unless a city specifies in the adoption ordinance the alternative standard or standards that apply in lieu of the recommended standard. (4) Where a model ordinance, module, or modules are amended as provided in OAR 660-008-0410(5), a city that has adopted a model ordinance by reference is not required to readopt the module for the amendments to take effect. Nothing in this section prohibits a city from periodically evaluating, readopting, repealing, or establishing an expiration date for a model ordinance, module, or modules.