Oregon HB 3381: Relating to continuance of nonconforming uses by counties.

Bill Text

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82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
House Bill 3381
Sponsored by Representative GOMBERG
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.
Allows counties to not consider vacation occupancies as nonconforming uses.
Prohibits review of business regulations or licenses as land use regulations.
A BILL FOR AN ACT
Relating to continuance of nonconforming uses by counties; amending ORS 197.488, 215.130, 215.215,
215.297, 215.799 and 308A.462.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.130 is amended to read:
215.130. (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 comprehen-
sive 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withdrawn from the city or an area within a city that disincorporates shall remain subject to such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 pub-
licly 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 per-
mitted 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 de-
scribed under this subsection when necessary to comply with state or local health or safety re-
quirements, 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
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2120

HB 3381
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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 or-
dinances 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 aban-
doned 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 replace-
ment of a use