Or. Admin. Code § 123-650-1000

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

Section 123-650-1000 - DIMENSIONS AND BOUNDARIES - Size and Distances

For purposes of an enterprise zone designation, re-designation or boundary change:

(1) Except as allowed in OAR 123-650-1100:

(a) The straight-line distance between any two points within the zone may not exceed 12 miles if it is urban, or 15 miles if it is rural.

(b) A separate area of the zone must be five or fewer miles of straight-line distance away from another area of the zone as measured between the two closest points of each area.

(2) No part of the zone may be inside the boundary of another enterprise zone.

(3) The total area of the zone may not exceed 12 square miles if it is urban, or 15 square miles if it is rural, for which the following may be ignored, even though they are within the zone boundary:

(a) Any road, track, transmission line or the like that nominally links separate areas of the zone for visual continuity;

(b) Public rights-of-way, incidentally within the zone area definition or included with parcels or tax lots comprising the zone, that are actively in use as part of the public domain, completely unavailable for private development, and not expected to be ever vacated; or

(c) Any area below the ordinary high-water mark of navigable bodies of water, including but not limited to this state's border territory that is also within the jurisdiction of the zone sponsor, such as areas of the ocean up to three nautical miles directly from shore. Nevertheless, property located in such an area is inside the zone boundary for purposes of exemption from taxes.

(4) Total area for purposes of section (3) of this rule is not otherwise limited only to the net area for assessment and taxation of tax lots comprising the zone.

Or. Admin. Code § 123-650-1000

OBDD 23-2010, f. & cert. ef. 6-14-10; OBDD 13-2012, f. & cert. ef. 8-15-12; OBDD 15-2015, f. & cert. ef. 11/12/2015; OBDD 11-2017, amend filed 11/29/2017, effective 11/29/2017; OBDD 12-2020, amend filed 08/12/2020, effective 8/12/2020; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075 & 285C.060(1)

Statutes/Other Implemented: ORS 285C.050, 285C.090 & 285C.120