Oregon Revised Statutes Chapter 197 § 197.671 — Siting

Siting of family child care homes and child care centers. (1) As used in this section: (a) “Child care center” means a: (A) Child care facility, other than a family child care home, that is certified under ORS 329A.280 (3); (B) Preschool recorded program or school-age recorded program recorded under ORS 329A.255; or (C) Parent cooperative, as defined in ORS 329A.250. (b) “Family child care home” means a child care facility in a dwelling that is caring for not more than 16 children and is certified under ORS 329A.280 (2) or is registered under ORS 329A.330. (2)(a) A family child care home is considered a residential use of property for zoning purposes. A family child care home is a permitted use in all areas zoned for residential or commercial purposes, including areas zoned for single-unit dwellings. (b) A local government may not enact or enforce a land use regulation prohibiting the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family child care home. (c) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a family child care home more restrictive than those imposed on other residential dwellings in the same zone. (3) Notwithstanding subsection (2)(c) of this section, a county may impose reasonable conditions on the establishment of a family child care home in an area zoned for exclusive farm use, forest use or mixed farm and forest use. (4) A child care center is a permitted use on land: (a) Zoned primarily for multiunit residential uses and to allow for development at the following densities: (A) Seventeen dwelling units per net residential acre within the Metro urban growth boundary; or (B) Twelve dwelling units per net residential acre within an urban growth boundary outside of Metro; (b) In areas within an urban growth boundary that are primarily zoned to allow for residential use, provided that the center is colocated with a legally established institutional use, including a civic center, public recreational center, public park, place of worship, school, college or library; or (c) Zoned primarily for commercial or industrial use, except in areas specifically designated by the local government for heavy industrial use. (5) For an institutional use conditionally allowed under subsection (4)(b) of this section, a local government may not add additional conditions of approval before allowing a child care center to be colocated with the institutional use. (6) A local government may not impose land use regulations, special fees or conditions on the establishment or maintenance of a child care center in an area zoned for commercial or industrial use under subsection (4)(c) of this section that are more restrictive than those imposed for other uses in the same zone, but the local government may impose upon the establishment or maintenance of a child care center in an area zoned for industrial uses reasonable conditions, including siting restrictions for properties designated on the Department of Environmental Quality’s statewide list of contaminated properties as having known or suspected releases of hazardous substances. [Formerly 329A.440] Note: Section 3, chapter 157, Oregon Laws 2025, provides: Sec. 3. A local government shall comply as described in ORS 197.646 (1) with the new requirements imposed under the amendments to ORS 329A.440 [renumbered 197.671] by section 2 of this 2025 Act within one year after the effective date of this 2025 Act [January 1, 2026]. [2025 c.157 §3]