(1) Notwithstanding ORS § 215.130, 215.213 or 215.283 or any local zoning ordinance or regulation, a public or private school, including all buildings essential to the operation of the school, formerly allowed pursuant to ORS § 215.213 (1)(a) or 215.283 (1)(a), as in effect before January 1, 2010, may be expanded provided:

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(a) The expansion complies with ORS § 215.296;

(b) The school was established on or before January 1, 2009;

(c) The expansion occurs on a tax lot:

(A) On which the school was established; or

(B) Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which the school was established; and

(d) The school is a public or private school for kindergarten through grade 12.

(2) A county may not deny an expansion under this section upon any rule or condition establishing:

(a) A maximum capacity of people in the structure or group of structures;

(b) A minimum distance between structures; or

(c) A maximum density of structures per acre. [2009 c.850 § 14; 2019 c.416 § 1]

215.135 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[Repealed by 1963 c.619 § 16]