Or. Admin. R. 123-656-2100 - Boundary Changes to Conform to Federal Zone
For purposes of a local request to change the boundary of an existing enterprise zone under ORS 285C.085(3):
(1) The request is generally
comparable to submission as described in OAR 123-650-4400 and OAR 123-656-2000.
(2) Such a boundary change may add
an area to the existing zone, only if the area is located in a county, in which
the zone is already located, or in a contiguous county.
(3) Following the change in the zone
boundary, the existing zone shall be Terminated-by-Statute or may be terminated
by order of the Director, as normal under ORS
285C.245, irrespective of the
boundary change.
(4) If the
Federal Enterprise Zone terminates prematurely for nonperformance, violation of
federal guidelines or similarly unusual circumstances, then the Director may
rescind the order changing the boundary of the zone, as if that boundary change
had never occurred. Any business firm located in an area consequently left out
of the zone shall enjoy the same protection under the relevant provisions of
law and this chapter of administrative rules for location in a terminated
enterprise zone.
(5) Once an
enterprise zone has been designated or amended as described in OAR 123-656-2000
or this rule, a (further) change in the boundary of the zone may be requested
and done under ORS 285C.115, as otherwise allowed,
with the following clarifications:
(a) If the
total area of the enterprise zone equals or exceeds the relevant 12 or 15
square miles, additional area may be included only if located:
(A) In parts of the Federal Enterprise Zone
within a city, port or county that would become a cosponsor of the zone with
the boundary change;
(B) In new
parts of the Federal Enterprise Zone, as amended by authority of the federal
government; or
(C) In another
Federal Enterprise Zone that is located in a city, port or county that already
sponsors the zone.
(b)
If the zone exceeds the maximum overall allowed distance applicable to the
zone, additional areas may be included in one of the following ways:
(A) Consistent with subsection (a) of this
section;
(B) Where such areas do
not increase the overall distance within the zone consistent with provisions
under ORS 285C.120(1)(b) and
(c); or
Notes
Stat. Auth.: ORS 285A.075 & 285C.060(1)
Stats. Implemented: ORS 285C.085 & 285C.115
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