(1) The sponsor of an enterprise zone may submit a request to the Economic and Community Development Department to change the boundary of the enterprise zone. A request shall include:
(a) A copy of the resolution of the governing body of the sponsor requesting the change;
(b) If subsection (7) of this section applies, a copy of the resolution described in subsection (7) of this section;
(c) A map clearly indicating the existing boundary and the proposed change thereto;
(d) A legal description of each area to be withdrawn from or added to the existing enterprise zone; and
(e) Other information required by the department.
(2) The amended enterprise zone shall:
(a) Add land zoned for use by eligible business firms that has or will have infrastructure facilities, road access, on-site water, on-site sewage disposal and necessary utility services;
(b) Continue to include any authorized business firms within the enterprise zone;
(c) Add residential areas or nonresidential areas that are adjacent to residential areas only if the level of economic hardship in the areas to be added is at least as severe as the conditions that existed at the time the original enterprise zone was designated or that currently exist in the original enterprise zone;
(d) Retain at least 50 percent of the lands in the original enterprise zone; and
(e) Meet the applicable total area and greatest distance requirements set forth in ORS 285C.090.
(3) If the enterprise zone is a reservation enterprise zone and the land to be added to the zone is not described in ORS 285C.306, the request for a boundary change, and the resulting boundary of the zone, must fully satisfy the provisions of this section.
(4) A request under subsection (1) of this section may include a proposal to:
(a) Remove only the land that is residential or not zoned or available for use by eligible business firms; or
(b) Change the name of the enterprise zone.
(5) The boundary of an urban enterprise zone may not be modified to include land located outside a regional or metropolitan urban growth boundary.
(6) A request to modify the boundary of a rural enterprise zone to include land located outside an urban growth boundary shall satisfy the requirements of subsections (1) and (2) of this section and shall satisfy any other criteria that the department may adopt by rule.
(7) If an area to be added to an enterprise zone is under the jurisdiction of a city, county or port that is not a sponsor of the enterprise zone, the governing body of that city, county or port shall submit a resolution requesting the change and requesting that the city, county or port become a sponsor, or shall submit a resolution consenting to the change, as provided under ORS 285C.065 (1). The resolution of the joining city, county or port shall be submitted jointly with the resolution adopted by the governing body of the existing sponsor. The joining resolution of the city, county or port may:
(a) Include a binding proposal for enhanced local public services, local incentives or local regulatory flexibility to be effective within the portion of the enterprise zone to be under the jurisdiction of that city, county or port; or
(b) Include a restriction described in ORS 285C.070 (4). A restriction made under this paragraph may be made without regard to the time limitation described in ORS 285C.070 (4)(c) and becomes final on the effective date of the boundary change.
(8) The department shall review the request for a boundary change. If the request is incomplete or does not satisfy the requirements of this section, the department shall seek additional information as necessary or shall return the request to the sponsor. If the request is returned, the sponsor may submit a revised request at any time. If the request is complete and does satisfy the requirements of this section, the Director of the Economic and Community Development Department shall order a change in the boundary of an enterprise zone based on the request of the sponsor and specify the effective date of the boundary change, which may not be earlier than the receipt of a completed request.
(9) A change in the boundary of an enterprise zone under this section does not change the termination date of the enterprise zone under ORS 285C.245 (2). [Formerly 285B.680; 2005 c.94 §6; 2005 c.704 §11]
Section: Previous 285C.080 285C.085 285C.090 285C.095 285C.100 285C.105 285C.110 285C.115 285C.120 285C.125 285C.130 285C.135 285C.140 285C.145 285C.150 NextLast modified: August 7, 2008