2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 197 - Comprehensive Land Use Planning I
Section 197.488 - Replacement of park destroyed by natural disaster.
(1) As used in this section, "natural disaster" includes any disaster resulting in the declaration of a state of emergency under ORS 401.165 or 401.309 for wildfires, floods, tsunamis, earthquakes or similar events, including disasters began by negligent or intentional acts.
(2) Notwithstanding ORS 215.130 (5) to (11) or any land use regulation, statewide land use planning goal or Land Conservation and Development Commission rule, a local government:
(a) Shall, if the development complies with the local government’s floodplain and other natural hazard land use regulations, approve an application for the development of a manufactured dwelling park:
(A) To replace a park destroyed by a natural disaster; or
(B) That is in an area rezoned under paragraph (b) of this subsection.
(b) May, by approval of the governing body, approve a zoning change for an area within an urban growth boundary near the destroyed park to permit the development of a manufactured dwelling park where the destruction of manufactured dwellings from the natural disaster has contributed to a shortage in housing.
(3) A local government may require an applicant to prove that the destroyed park was assessed as a building or structure for purposes of ad valorem taxation for the most recent property tax year ending before the disaster.
(4) In reviewing an application under this section, a local government may not require that an applicant prove that the destroyed park was lawful under the existing land use regulations at any time, including when the building, structure or use was established, at the time of interruption or destruction or at the time of the application.
(5) The approval of an application for development of a park under this section does not expire. [2021 c.260 §2]
Note: Section 5, chapter 260, Oregon Laws 2021, provides:
Sec. 5. Sections 2 [197.488] and 4 [446.198] of this 2021 Act apply to manufactured dwelling parks destroyed by natural disasters occurring on or after September 1, 2020. [2021 c.260 §5]
Note: 197.488 was added to and made a part of ORS chapter 197 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
