OAR 125-125-0524
Criteria and Authority to Permit Divergence

The CPAB may recommend and the DAS Director may permit a divergence from the provisions contained in the Design Standards contained in the adopted Area Plan if:

(1)

The property and proposed improvements are challenged by unusual topographic, environmental, functional, or aesthetic circumstances; or

(2)

The proposed alternative achieves the purposes of the Design Standards contained in the Area Plan as well or better than a compliant alternative.

(3)

Permitting a divergence will not, under the circumstances of the particular case, create material adverse aesthetic, function, or health and welfare effects on neighboring owners or others coming to or passing by the Property.

(4)

Each divergence request shall be considered solely on its own merits; permitting of a divergence in one situation shall not change the Design Standards contained in the Area Plan or compel the DAS Director to permit any further divergence.

Source: Rule 125-125-0524 — Criteria and Authority to Permit Divergence, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=125-125-0524 (accessed May 26, 2025).

125–125–0048
Notice of Proposed Rulemaking 125–125–0049
Model Rules of Procedure 125–125–0050
Purpose, Application, and Authority 125–125–0100
Definitions 125–125–0150
Statewide Facility Planning Process 125–125–0200
Capital Projects Advisory Board 125–125–0250
Procedure for Submitting Reports for Review 125–125–0300
Procedure for Board Review 125–125–0350
Salem Area Project Review 125–125–0400
Area Plan Update Responsibilities 125–125–0450
Capitol Mall Area Project Review 125–125–0500
Area Plan Review, Adoption, Amendment, and Repeal Process 125–125–0520
Definitions for Development Standards Contained in Area Plans 125–125–0522
Development Standards Contained in Area Plans 125–125–0524
Criteria and Authority to Permit Divergence 125–125–0525
Definitions for Master Plan for Development of the Capitol Mall Area 125–125–0526
Master Plan for Development of the Capitol Mall Area 125–125–0527
Standards for Development of the Capitol Mall Area 125–125–0528
Criteria and Authority to Grant Variance 125–125–0530
Airport Road Area Plan 125–125–0531
Standards for Development in the Airport Road Area 125–125–0532
Criteria and Authority to Grant Variance 125–125–0535
Southeast Salem Area Plan 125–125–0540
Hillcrest Area Plan 125–125–0545
MacLaren School Area Plan 125–125–0546
Standards for Development in the MacLaren School Area 125–125–0547
Criteria and Authority to Grant Variance 125–125–0550
Oregon State Fair and Exposition Center Master Plan 125–125–0551
Standards for Development in the Oregon State Fair and Exposition Center Area 125–125–0552
Criteria and Authority to Grant Variance 125–125–0555
Oregon State Hospital and Penitentiary Properties Area Plan 125–125–0560
Oregon State School for the Blind Area Plan 125–125–0561
Standards for Development in the Oregon State School for the Blind Area 125–125–0562
Criteria and Authority to Grant Variance 125–125–0565
Oregon State School for the Deaf Area Plan 125–125–0566
Standards for Development in the Oregon State School for the Deaf Area 125–125–0567
Criteria and Authority to Grant Variance 125–125–0600
Copies of Records 125–125–0700
Adoption of the DAS-Salem Coordination Plan

May 26, 2025

Rule 125-125-0524's source at or​.us