1. (1) If the population density of a county increases to more than 100 persons per square mile, so that the county is no longer a sparsely populated county, any existing rural enterprise zone located wholly or partly within that county shall continue to exist with that zone boundary until terminated. A boundary change under ORS 285C.115 that is subsequent to the date on which the county ceases to be a sparsely populated county may not add an area to the zone that:

   1. (a) Is a separate area farther than five miles from the nearest point on the existing boundary;
   2. (b) Increases the distance between the two points in the zone that are the farthest apart; or
   3. (c) Creates a new line of distance to the farthermost opposite point in the zone that is longer than the greatest distance between any two existing points in the zone.

2. (2) In designating or changing the boundary of a rural enterprise zone under ORS 285C.065, 285C.115 or 285C.250 in a sparsely populated county, a zone sponsor may seek a waiver of the distance limitations under ORS 285C.090 (4) by providing the necessary documentation under ORS 285C.074 or 285C.117. The Director of the Oregon Business Development Department shall grant the waiver if the director determines that:

   1. (a) The designation or the boundary change satisfies all other applicable requirements; and
   2. (b) Consistent with rules adopted by the Oregon Business Development Department, designation of a separate enterprise zone is not a practical option under the particular circumstances, that the overall distances involved can be effectively administered and that the waiver will further the goals and purposes of ORS 285C.050 to 285C.250.

[Formerly 285B.683; 2005 c.94 §7; 2015 c.648 §19]