(1) "Residential use" means regular, sustained occupancy of a residential unit in the project by a person or family as the person's or family's primary domicile, but not units and related areas used primarily as:
- (a) Hotels, motels, hostels, rooming houses, bed and breakfast operations or other such transient accommodations; or
- (b) Nursing homes, hospital-type in-patient facilities or other living arrangements, even of an enduring nature, where the character of the environment is predominately care-oriented rather than solely residential; or
- (c) Nonresidential use as defined in ORS 307.841(5).
(2) A new district that forms after the approval of a vertical housing development zone (VHDZ), or a district that annexes territory that is included in an existing VHDZ may opt out of participating in a VHDZ. To opt out, the district must provide:
- (a) Written notice to the assessor and VHDZ city or county post-marked on or before a due date set by the city or county by rule; and
- (b) A copy of a resolution or other appropriate official instrument duly adopted and issued by the governing body of the district affirming its decision to opt out of the VHDZ designation.
- (3) In the application for exemption under ORS 307.857, proposed projects must be described in terms of entire tax lots. Certified projects may not include partial tax lots.
- (4) VHDZ boundaries may not overlap. A project may only be located in one VHDZ.
Statutory/Other Authority
ORS 305.100
Statutes/Other Implemented
ORS 307.841 - 307.867
History
REV 21-2021, amend filed 12/16/2021, effective 01/01/2022
REV 32-2018, adopt filed 12/31/2018, effective 01/01/2019