ORS 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. [2021 c.25 §2]
Note: Section 4, chapter 25, Oregon Laws 2021, provides:
Sec. 4. Section 2 of this 2021 Act [227.283 (Regulations applicable to resumption of nonconforming uses)] and the amendments to ORS 215.130 (Application of ordinances and comprehensive plan) 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: 227.283 (Regulations applicable to resumption of nonconforming uses) 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.
Note: 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 (Application of ordinances and comprehensive plan) (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 (Regulations applicable to resumption of nonconforming uses)], must commence no later than September 30, 2025, notwithstanding the time limitation under ORS 215.130 (Application of ordinances and comprehensive plan) (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 (Short title) to 476.610 (Payment of claims). [2021 c.25 §5]
Sec. 6. Section 5 of this 2021 Act is repealed January 2, 2026. [2021 c.25 §6]

Source: Section 227.283 — Regulations applicable to resumption of nonconforming uses, https://www.­oregonlegislature.­gov/bills_laws/ors/ors227.­html.

227.010
Definition for ORS 227.030 to 227.300 227.020
Authority to create planning commission 227.030
Membership 227.090
Powers and duties of commission 227.095
Definitions for ORS 227.100 and 227.110 227.100
Submission of plats for subdivisions and plans for street alterations and public buildings to commission 227.110
City approval prior to recording of subdivision plats and plats or deeds dedicating land to public use within six miles of city 227.120
Procedure and approval for renaming streets 227.160
Definitions for ORS 227.160 to 227.186 227.165
Planning and zoning hearings officers 227.170
Hearing procedure 227.172
Siting casino in incorporated city 227.173
Basis for decision on permit application or expedited land division 227.175
Application for permit or zone change 227.178
Final action on certain applications required within 120 days 227.179
Petition for writ of mandamus authorized when city fails to take final action on land use application within 120 days 227.180
Review of action on permit application 227.181
Final action required within 120 days following remand of land use decision 227.182
Petition for writ of mandamus authorized when city fails to take final action within 120 days of remand of land use decision 227.184
Supplemental application for remaining permitted uses following denial of initial application 227.185
Transmission tower 227.186
Notice to property owners of hearing on certain zone change 227.187
Public sale of copies of city comprehensive plan and land use regulations 227.188
Amendments to city comprehensive plan map 227.190
Solar access ordinances 227.195
Effect of land use regulations and comprehensive plans 227.215
Regulation of development 227.280
Enforcement of development legislation 227.283
Regulations applicable to resumption of nonconforming uses 227.286
Regulations applicable to public property 227.290
Building setback lines established by city council 227.300
Use of eminent domain power to establish setback lines 227.320
City program for demolition of residences or residential buildings 227.350
Notice of proposed wetlands development 227.400
Truck routes 227.450
Recycling containers 227.455
Clustered mailboxes in city streets and rights-of-way 227.500
Use of real property for religious activity 227.505
Solar energy systems on residential and commercial structures 227.600
Land use approval preapplication review
Green check means up to date. Up to date

Current through early 2024

§ 227.283’s source at oregon​.gov