{"data":{"id":"us-or/ors-197a.385","jurisdiction":"us-or","citation":"ORS 197A.385","heading":"Residential treatment facilities.","body":"(1) Within an urban growth boundary, a local government shall allow a residential treatment facility or residential treatment home, as those terms are defined in ORS 443.400, without requiring a plan amendment, zone change or conditional use permit for property that is:\n      (a) Owned by a public body, as defined in ORS 174.109; or\n      (b) Zoned for:\n      (A) Residential uses;\n      (B) Commercial uses;\n      (C) Employment uses;\n      (D) Public lands, not including park land; or\n      (E) Industrial uses, provided that if the property is:\n      (i) Publicly owned or owned by a public benefit corporation as defined in ORS 65.001;\n      (ii) Within 250 feet of lands zoned for residential use; and\n      (iii) Not specifically designated for heavy industrial uses.\n      (2) This section does not apply on land where the local government determines that:\n      (a) The facility cannot be adequately served by water, sewer, storm water drainage or streets, or will not be adequately served at the time that development on the property is complete; or\n      (b) The development of the property is constrained by land use regulations based on statewide land use planning goals relating to:\n      (A) Natural disasters and hazards; or\n      (B) Natural resources, including air, water, land or natural areas, but not including open spaces or historic resources.\n      (3) This section does not trigger any requirement that a local government consider or update an analysis as required by a statewide land use planning goal relating to economic development.\n      (4) A decision made under this section is not a land use decision as defined in ORS 197.015 and is not subject to the jurisdiction of the Land Use Board of Appeals. A decision under this section may only be appealed by writ of review under ORS 34.010 to 34.100.\n      (5) A local government shall issue a final decision under this section within 120 days after a completed application is filed with the local government.","path":["05 - State Government, Government Procedures, Land Use","19. Miscellaneous Matters Related to Government and Public Affairs","Chapter 197A — Land Use Planning: Housing and Urbanization"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors197A.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:12Z","sha256":"88acdff4b2b9e74c39503ffe8bea9ad21010fcba80a9edb0441e8530ac8983d5","source_id":"us-or","stale":false,"prev":"us-or/ors-197a.372","next":"us-or/ors-197a.386"},"notice":"GroundRules: Original legal text. Not legal advice."}
