The Housing and Community Services Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of ORS 456.510 if the department determines that the exemption is warranted by:

1. (1) The topography at the construction site;
2. (2) Community and design standards;
3. (3) Undue costs or constraints; or
4. (4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing.

Note: See note under 456.506.

[2003 c.431 §4]