ORS 215.135
Expansion of nonconforming school in exclusive farm use zone
(1)
Notwithstanding ORS 215.130 (Application of ordinances and comprehensive plan), 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) 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 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) (1)(a) or 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties) (1)(a), as in effect before January 1, 2010, may be expanded provided:(a)
The expansion complies with ORS 215.296 (Standards for approval of certain uses in exclusive farm use zones);(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]
Source:
Section 215.135 — Expansion of nonconforming school in exclusive farm use zone, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html
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