Oregon Statutes 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]
Terms Used In Oregon Statutes 227.283
- City: includes any incorporated village or town. See Oregon Statutes 174.100
Section 4, chapter 25, Oregon Laws 2021, provides:
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:
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]
Section 5 of this 2021 Act is repealed January 2, 2026. [2021 c.25 § 6]
[1959 c.601 § 1; repealed by 1969 c.460 § 2 (227.286 enacted in lieu of 227.285)]