2015 ORS 215.215¹
Reestablishment of nonfarm use

(1) Notwithstanding ORS 215.130 (Application of ordinances and comprehensive plan) (6), 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 (Agricultural land use policy), 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]

Atty. Gen. Opinions

Effect of constitu­tional pro­vi­sion requiring pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Chapter 215

Notes of Decisions

Published notice is adequate if prop­erty owners can reasonably ascertain that prop­erty in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme es­tab­lishing LCDC and granting it authority to es­tab­lish state-wide land use planning goals does not unconstitu­tionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain por­tions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., applica­tion to county governing bodies and planning com­mis­sions, (1974) Vol 36, p 960; binding effect on govern­mental agencies of the adop­tion of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Cita­tions

36 EL 25 (2006)


1 Legislative Counsel Committee, CHAPTER 215—County Planning; Zoning; Housing Codes, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors215.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 215, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano215.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.