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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
HOUSE AMENDMENTS TO
HOUSE BILL 3560
By COMMITTEE ON EARLY CHILDHOOD AND HUMAN SERVICES
April 7
On page 1 of the printed bill, delete lines 6 through 30.
On page 2, delete lines 1 through 11 and insert:
“SECTION 2. ORS 329A.440 is amended to read:
“329A.440. (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.
“[(c) ‘Land use regulation’ and ‘local government’ have the meanings given those terms in ORS
197.015.]
“(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 pur-
poses, including areas zoned for single-family 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 [farm use] exclusive farm
use, forest use or mixed farm and forest use.
“(4)[(a)] A child care center is a permitted use [in all areas zoned for] on land:
“(a) Zoned primarily for multiunit residential uses and to allow for development at the
followingdensities:
“(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
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use, including a civic center, public recreational center, public park, place of worship, school,
college or library; or
“(c) Zoned primarily forcommercial 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.
“[(b)] (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 indus-
trial use under subsection (4)(c) of this section that are more restrictive than those imposed for
other uses in the same zone[.]
“[(5) Notwithstanding subsection (4) of this section, a], but the local government may impose
[reasonable conditions] upon the establishment or maintenance of a child care center in an area
zoned for industrial uses[.]
“[(6) As used in this section, ‘reasonable conditions’ includes, but is not limited to,] reasonable
conditions, including siting restrictions for properties designated on the Department of Environ-
mental Quality’s statewide list of contaminated properties as having known or suspected releases
of hazardous substances.”.
HA to HB 3560 Page 2