215.215
Reestablishment of nonfarm use.
(1) Notwithstanding ORS 215.130 (5) to (11), if a nonfarm use exists in an
exclusive farm use zone and is unintentionally destroyed by fire, other
casualty or natural disaster, the county may allow by its zoning regulations
such use to be reestablished to its previous nature and extent, but the
reestablishment shall meet all other building, plumbing, sanitation and other
codes, ordinances and permit requirements.
(2) Consistent
with ORS 215.243, the county governing body may zone for the appropriate
nonfarm use one or more lots or parcels in the interior of an exclusive farm
use zone if the lots or parcels were physically developed for the nonfarm use
prior to the establishment of the exclusive farm use zone. [1977 c.664 §41;
1991 c.67 §49; 2021 c.25 §7]
Notes of Decisions
City of Mosier v. Hood River Sand, Gravel & Ready-Mix, Inc., 136 P.3d 1160 (Or. Ct. App. 2006).
“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…”
Deschutes Cnty. v. Pink Pit, LLC, 475 P.3d 910 (Or. Ct. App. 2020).
“* * * Except as provided in ORS 215.215, a county shall not place condi- tions 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…”
Cyrus v. Deschutes Cnty., 96 P.3d 858 (Or. Ct. App. 2004).
“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…”
Ferrara v. Riley, 724 P.2d 315 (Or. 1986).
“135 provides: “Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State’s hearing under ORS 215.215, may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court…”
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