(1) Notwithstanding ORS 215.130, 215.213 or 215.283 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 (1)(a) or 215.283 (1)(a), as in effect before January 1, 2010, may be expanded provided: (a) The expansion complies with ORS 215.296; (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. Note: 215.135 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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