OAR 660-038-0120: Inventory of Buildable Employment Land within the UGB

A city must determine the supply and development capacity of employment lands within its UGB at the time of initiation by conducting a buildable lands inventory (BLI) for employment land as provided in this rule and OAR 660-038-00130. (1) For purposes of the employment BLI, the city shall classify the existing employment zoning districts and plan map districts within its UGB as either “commercial” or “industrial” based on the applicable definitions in OAR 660-038-0010. Districts that allow both commercial and industrial uses as per the definition must be classified as one or the other, based on the intent of the plan and with consideration of whether the predominant NAICS categories allowed by the district are characteristic of a commercial or industrial use. (2) The city must identify all lots and parcels in the UGB with either a commercial or industrial designation on the comprehensive plan map or zoning district, determine which lots or parcels are vacant, partially vacant, or developed and calculate the total area of such land, as follows: (a) A city may assume that a lot or parcel is vacant if the real market improvement value is less than $5,000 or if the real market improvement value is less than or equal to five percent of the real market land value. (b) A city may assume that a lot or parcel is partially vacant if either: (A) The real market improvement value of the lot or parcel is greater than five percent and less than 40 percent of the real market land value, in which case, the city must assume that 50 percent of the lot or parcel is developed and 50 percent is vacant, or (B) Based on an orthomap, the lot or parcel is greater than one acre in size and at least one-half acre is not improved. (c) A city may assume that a lot or parcel is developed if the real market improvement value is greater than or equal to 40 percent of the real market land value. (d) The city shall exclude the following lots and parcels from the BLI for employment 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 capacity for commercial or industrial development. (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. (3) The city must use the results of section (2) to determine the current density of employment land within the UGB under OAR 660-038-0140(4) and (5). (4) For lots and parcels that are split: (a) Between a commercial or industrial comprehensive plan designation or zoning district and another comprehensive plan designation or zoning district, the BLI shall include only the area that is designated or zoned for commercial or industrial development for purposes of determining lot and parcel size or development capacity. (b) Between a commercial and an industrial comprehensive plan designation or zoning district, or two different commercial or two different industrial 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.