OR Rev Stat § 215.130 (2021)
2021 Oregon Revised Statutes|Volume : 06 - Local Government, Public Employees, Elections|Chapter 215 - County Planning; Zoning; Housing Codes|Section 215.130 - Application of ordinances and comprehensive plan; alteration of nonconforming use.

(1) Any legislative ordinance relating to land use planning or zoning shall be a local law within the meaning of, and subject to, ORS 250.155 to 250.235. (2) An ordinance designed to carry out a county comprehensive plan and a county comprehensive plan shall apply to: (a) The area within the county also within the boundaries of a city as a result of extending the boundaries of the city or creating a new city unless, or until the city has by ordinance or other provision provided otherwise; and (b) The area within the county also within the boundaries of a city if the governing body of such city adopts an ordinance declaring the area within its boundaries subject to the county’s land use planning and regulatory ordinances, officers and procedures and the county governing body consents to the conferral of jurisdiction. (3) An area within the jurisdiction of city land use planning and regulatory provisions that is withdrawn from the city or an area within a city that disincorporates shall remain subject to such plans and regulations which shall be administered by the county until the county provides otherwise. (4) County ordinances designed to implement a county comprehensive plan shall apply to publicly owned property. (5) The lawful use of any building, structure or land at the time of the enactment or amendment of any zoning ordinance or regulation may be continued. Alteration of any such use may be permitted subject to subsection (9) of this section. Alteration of any such use shall be permitted when necessary to comply with any lawful requirement for alteration in the use. Except as provided in ORS 215.215, a county shall not place conditions upon the continuation or alteration of a use described under this subsection when necessary to comply with state or local health or safety requirements, or to maintain in good repair the existing structures associated with the use. A change of ownership or occupancy shall be permitted. (6) Restoration or replacement of any use described in subsection (5) of this section may be permitted when the restoration or replacement is made necessary by fire, other casualty or natural disaster. Restoration or replacement must be commenced within one year from the occurrence of the fire, casualty or natural disaster. If restoration or replacement is necessary under this subsection, restoration or replacement must be done in compliance with ORS 195.260 (1)(c). (7)(a) Any use described in subsection (5) of this section may not be resumed after a period of interruption or abandonment unless the resumed use conforms with the requirements of zoning ordinances or regulations applicable at the time of the proposed resumption. (b) Notwithstanding any local ordinance, a surface mining use continued under subsection (5) of this section is not considered interrupted or abandoned for any period after July 1, 1972, provided: (A) The owner or operator was issued and continuously renewed a state or local surface mining permit, or received and maintained a state or local exemption from surface mining regulation; and (B) The surface mining use was not inactive for a period of 12 consecutive years or more. (c) For purposes of paragraph (b) of this subsection, "inactive" means no aggregate materials were excavated, crushed, removed, stockpiled or sold by the owner or operator of the surface mine. (d) A use continued under subsection (5) of this section is not considered interrupted or abandoned for any period while a federal, state or local emergency order temporarily limits or prohibits the use or the restoration or replacement of the use. (8) Any proposal for the verification or alteration of a use under subsection (5) of this section, except an alteration necessary to comply with a lawful requirement, for the restoration or replacement of a use under subsection (6) of this section or for the resumption of a use under subsection (7) of this section shall be subject to the provisions of ORS 215.416. An initial decision by the county or its designate on a proposal for the alteration of a use described in subsection (5) of this section shall be made as an administrative decision without public hearing in the manner provided in ORS 215.416 (11). (9) As used in this section, "alteration" of a nonconforming use includes: (a) A change in the use of no greater adverse impact to the neighborhood; and (b) A change in the structure or physical improvements of no greater adverse impact to the neighborhood. (10) A local government may adopt standards and procedures to implement the provisions of this section. The standards and procedures may include but are not limited to the following: (a) For purposes of verifying a use under subsection (5) of this section, a county may adopt procedures that allow an applicant for verification to prove the existence, continuity, nature and extent of the use only for the 10-year period immediately preceding the date of application. Evidence proving the existence, continuity, nature and extent of the use for the 10-year period preceding application creates a rebuttable presumption that the use, as proven, lawfully existed at the time the applicable zoning ordinance or regulation was adopted and has continued uninterrupted until the date of application. (b) Establishing criteria to determine when a use has been interrupted or abandoned under subsection (7) of this section. (c) Conditioning approval of the alteration of a use in a manner calculated to ensure mitigation of adverse impacts as described in subsection (9) of this section. (11) For purposes of verifying a use under subsection (5) of this section, a county may not require an applicant for verification to prove the existence, continuity, nature and extent of the use for a period exceeding 20 years immediately preceding the date of application. [Amended by 1961 c.607 §2; 1963 c.577 §4; 1963 c.619 §9; 1969 c.460 §1; 1973 c.503 §2; 1977 c.766 §5; 1979 c.190 §406; 1979 c.610 §1; 1993 c.792 §52; 1997 c.394 §1; 1999 c.353 §1; 1999 c.458 §1; 1999 c.1103 §10; 2021 c.25 §3] Note: Section 4, chapter 25, Oregon Laws 2021, provides: Sec. 4. Section 2 of this 2021 Act [227.283] and the amendments to ORS 215.130 by section 3 of this 2021 Act apply to uses limited or prohibited by federal, state or local emergency orders issued on or after January 1, 2020. [2021 c.25 §4] Note: Sections 5 and 6, chapter 25, Oregon Laws 2021, provide: Sec. 5. Restoration or replacement of a use under ORS 215.130 (5) or under city land use regulations that allow the restoration or reestablishment of a nonconforming use, including under section 2 of this 2021 Act [227.283], must commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (6) or any other local land use regulation if the restoration is for uses that between September 1 and September 30, 2020, were damaged or destroyed by wildfires that were: (1) The subject of a federal or state major disaster declaration; or (2) Subject to a Governor’s executive order invocating the Emergency Conflagration Act under ORS 476.510 to 476.610. [2021 c.25 §5] Sec. 6. Section 5 of this 2021 Act is repealed January 2, 2026. [2021 c.25 §6] Note: Sections 1 and 2, chapter 520, Oregon Laws 2021, provide: Sec. 1. (1) Notwithstanding ORS chapter 195, 197, 197A, 215, 227 or 468B or any statewide plan, rule of the Land Conservation and Development Commission, Environmental Quality Commission or local land use regulation, zoning ordinance or comprehensive plan, Lane County shall approve a planning application for the development of a permanent recreational vehicle park or campground if the development: (a) Is located on land that: (A) Is within an unincorporated community and on lands from which a developed or committed exception has been adopted; (B) Was identified as an area for providing transitional housing for wildfire victims under rules of the Land Conservation and Development Commission and under an agreement between the applicant and the Federal Emergency Management Agency; (C) Is currently zoned to allow for a temporary recreational vehicle park or campground; (D) Would not require a zone change to allow for a permanent recreational vehicle park or campground; and (E) Is more than 1,000 feet from the McKenzie River; and (b) Is conditioned upon the applicant demonstrating and agreeing that the park or campground: (A) Will provide adequate electric, garbage and septic services to visitors; (B) Will limit the number of campers and recreational vehicle residents to not exceed 50 percent of the total overnight accommodations that exist on the property on the date the applicant and the Federal Emergency Management Agency enter into the agreement described in paragraph (a)(B) of this subsection; (C) Will not extend reservations for more than 29 consecutive days or more than 90 days in any calendar year or during any consecutive six-month period; (D) Will provide adequate parking and access consistent with minimum local and state requirements; (E) Will not require the existing septic system to receive wastes for which the system was not designed; (F) Will implement appropriate groundwater quality protection requirements and compliance monitoring to prevent a measurable change in the water quality of the surface water that would be potentially affected by the proposed facility; (G) Will provide an annual written certification of proper treatment and disposal system operation obtained from a qualified registered sanitarian, professional engineer or certified wastewater treatment system operator; and (H) Will comply with conditions established by the county for: (i) The scope of the recreational vehicle park or campground proposed; (ii) The location of existing structures and the siting of proposed structures; (iii) The location of access and egress and of parking facilities; (iv) Traffic management, including the projected number of vehicles and any anticipated use of public roads; (v) Sanitation and solid waste; and (vi) The presence of any natural hazard for which the county has adopted development standards. (2) The approval of a recreational vehicle park or campgrounds under this section is not a land use decision and is subject to review only under ORS 34.010 to 34.100. (3) Nothing in this section relieves the applicant of any fees, charges or assessments assessed by the county to process this application. (4) Nothing in this section relieves the applicant of any requirement to obtain a necessary building or specialty permit. [2021 c.520 §1] Sec. 2. Section 1 of this 2021 Act is repealed on January 2, 2024. [2021 c.520 §2]