72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2042
 
                         House Bill 2738
 
Sponsored by Representative ZAUNER
 
 
                             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.
 
  Establishes that nonconforming land use may not be deemed
interrupted or abandoned if discontinued to comply with demand of
county.
 
                        A BILL FOR AN ACT
Relating to nonconforming land use; creating new provisions; and
  amending ORS 215.130.
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 comprehensive 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and regulatory provisions that is withdrawn from the city or an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 publicly 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
permitted subject to subsection   { - (9) - }   { + (10) + } 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
described under this subsection when necessary to comply with
state or local health or safety requirements, 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 is made necessary by fire, other casualty or natural
disaster. Restoration or replacement shall 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 shall be done in
compliance with ORS 195.260 (1)(c).
    { - (7)(a) - }  { +  (7) + } Any use described in subsection
(5) of this section may not { + :
  (a) + } Be resumed after a period of interruption or
abandonment unless the resumed use conforms with the requirements
of zoning ordinances or regulations applicable at the time of the
proposed resumption.
   { +  (b) Be deemed interrupted or abandoned if the use is
discontinued to comply with a demand from the county that the use
be discontinued. + }
    { - (b) - }   { + (8)(a) + } Notwithstanding any local
ordinance, a surface mining use continued under subsection (5) of
this section shall not be deemed to be 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) - }  { +  (b) + } For purposes of this subsection,
'inactive' means no aggregate materials were excavated, crushed,
removed, stockpiled or sold by the owner or operator of the
surface mine.
    { - (8) - }  { +  (9) + } 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 replacement of a use under
subsection (6) of this section or for the resumption of a use
under   { - subsection (7) - }  { +  subsection (7) or (8) + } of
this section shall be subject to the provisions of ORS 215.416.
An initial decision by the county or its   { - designate - }
 { +  designee + } on a proposal for the alteration of a use
described in subsection (5) of this section shall be made as an
administrative decision without public hearing in the manner
provided in ORS 215.416 (11).
    { - (9) - }  { +  (10) + } As used in this section,
'alteration' of a nonconforming use includes:
  (a) A change in the use of no greater adverse impact to the
neighborhood; and
  (b) A change in the structure or physical improvements of no
greater adverse impact to the neighborhood.
    { - (10) - }  { +  (11) + } A local government may adopt
standards and procedures to implement the provisions of this
section. The standards and procedures may include but are not
limited to the following:
  (a) For purposes of verifying a use under subsection (5) of
this section, a county may adopt procedures that allow an
applicant for verification to prove the existence, continuity,
nature and extent of the use only for the 10-year period
immediately preceding the date of application. Evidence proving
the existence, continuity, nature and extent of the use for the
10-year period preceding application creates a rebuttable
presumption that the use, as proven, lawfully existed at the time
the applicable zoning ordinance or regulation was adopted and has
continued uninterrupted until the date of application;
 
 
  (b) Establishing criteria to determine when a use has been
interrupted or abandoned under   { - subsection (7) - }
 { + subsection (7) or (8) + } of this section; or
  (c) Conditioning approval of the alteration of a use in a
manner calculated to ensure mitigation of adverse impacts as
described in subsection   { - (9) - }   { + (10) + } of this
section.
    { - (11) - }  { +  (12) + } For purposes of verifying a use
under subsection (5) of this section, a county may not require an
applicant for verification to prove the existence, continuity,
nature and extent of the use for a period exceeding 20 years
immediately preceding the date of application.
  SECTION 2.  { + The amendments to ORS 215.130 by section 1 of
this 2003 Act apply to a discontinued use on or after the
effective date of this 2003 Act to comply with a demand of the
county. + }
                         ----------