ORS § 227.283

Current through 2024 Regular Session legislation effective June 6, 2024
Section 227.283 - Regulations applicable to resumption of nonconforming uses

City land use regulations that allow the resumption of a nonconforming use after its interruption or abandonment may not consider a use interrupted or abandoned during the time that a federal, state or local emergency order limits or prohibits the use or the repair or replacement of the use.

ORS 227.283

2021 c. 25, § 2

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]

227.283 was added to and made a part of ORS chapter 227 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Sections 5 and 6, chapter 25, Oregon Laws 2021, provide:

Sec. 5. Restoration or replacement of uses lost to 2020 wildfires. 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 Section 5 of this 2021 Act is repealed January 2, 2026.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]