Or. Admin. Code § 813-310-0065

Current through Register Vol. 63, No. 12, December 1, 2024

Section 813-310-0065 - Exemptions

The Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of OAR 813-310 if the Department determines that the exemption is warranted by:

(1) The topography at the construction site. An exemption or partial exemption from these rules may be considered where topography or other considerations (flood plains, conservation areas) are determined by the Department to make compliance impracticable. Undue expense resulting from adjustments to accepted construction methods arising from specific site conditions might also qualify for an exemption. For example, providing both an exterior visitable route and adequate drainage at the building perimeter on a flat site may require unusual foundation design that unreasonably adds to project cost.

(2) Community and design standards. Community and design standards, refer to local government development codes or to previously adopted and binding CCRs (covenants, conditions and restrictions). They do not refer to neighborhood or project management design preferences. Where possible, projects should adapt to meet the community and design standards and all visitability requirements. If new community and design standards are imposed after a project has already been submitted for funding by the Department and the Department determines that the new standards conflict with the visitability requirements of this division, an exemption may be granted for the project.

(3) Undue costs or constraints (see the definitions at OAR 813-310-0020(19) and (20)); or

(4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing (see the definition at OAR 813-310-0020(16)).

Or. Admin. Code § 813-310-0065

OHCS 3-2004, f. & cert. ef. 6-28-04

Stat. Auth.: ORS 183 & 456.514

Stats. Implemented: ORS 456.506 - 456.514