Oregon Historical and Heritage Agencies, Programs and Tax Provisions
Definitions for ORS 358
(1)“Americans with Disabilities Act” means the Americans with Disabilities Act of 1990 (P.L. 101-336), as amended.
(2)“Certify,” “certified” and “certification” refer to the approval of historic property by the State Historic Preservation Officer for classification and special assessment under ORS 358.495 (Notice of approval or disapproval).
(3)“Classified” and “classification” refer to the recognition of property by the State Historic Preservation Officer as historic property as defined in this section.
(4)“Commercial building” means improved property used in a trade or business or held for the production of income, not including residential rental property.
(5)“Condominium” means, with respect to property submitted to the provisions of ORS 100.005 (Definitions) to 100.627 (Electric vehicle charging stations):
(a)The land, if any, whether fee simple, leasehold, easement or other interest or combination thereof, and whether contiguous or noncontiguous;
(b)Any buildings, improvements and structures on the property; and
(c)Any easements, rights and appurtenances belonging to the property.
(6)“Condominium unit” means a part of the property:
(a)That is described in ORS 100.020 (Condominium provisions) (3);
(b)That is intended for any type of independent ownership; and
(c)The boundaries of which are described pursuant to ORS 100.105 (Contents of declaration) (1)(d).
(7)“Condominium unit owner” means, except to the extent the declaration or bylaws provide otherwise, the person owning fee simple interest in a condominium unit, the holder of a vendee’s interest in a condominium unit under a recorded installment contract of sale or, in the case of a leasehold condominium, the holder of the leasehold estate in a condominium unit.
(8)“Contributing resource” means a building, site or structure that adds to the historic significance of a historic property or historic district.
(9)“Developer” means, with respect to a condominium, a declarant who records a declaration under ORS 100.100 (Property submitted to unit ownership by declaration) or a supplemental declaration under ORS 100.110 (Approval of declaration, supplemental declaration or amendment required) or any person who purchases an interest in a condominium from a declarant, successor declarant or subsequent developer for the primary purpose of resale.
(10)“Governing body” means the city or county legislative body having jurisdiction over the property that is the subject of an application for historic property special assessment under ORS 358.487 (Application for classification and special assessment as historic property) to 358.543 (Assessment of new construction and additions).
(11)“Historic property” means real property that:
(a)Is currently listed, either individually or as a contributing resource, in the National Register of Historic Places established and maintained under the National Historic Preservation Act of 1966 (P.L. 89-665);
(b)Is currently not a contributing resource in a listed national register district or property but that, in the opinion of the State Historic Preservation Officer, is eligible to become a contributing resource as a result of a proposed preservation plan; or
(c)Has been determined to be eligible for listing in the National Register of Historic Places by the State Historic Preservation Officer.
(12)“Historic rehabilitation standards” means the United States Secretary of the Interior’s Standards for Rehabilitation as in effect on September 28, 2009.
(13)“Maintenance” means action taken to mitigate wear and deterioration of a historic property without altering the historic character of the property, including action taken to protect and repair the condition of the property with the least possible impact on the historic character of the property.
(14)“Owner” means a purchaser of real property under a recorded instrument of sale. In the case of multiple purchasers, “owner” may be a designee of the purchasers.
(a)Means the act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property, including but not limited to the ongoing maintenance and repair of historic materials.
(b)Does not include the extensive replacement of historic materials or new construction.
(16)“Preservation plan” means a written document, photographs and drawings that outline the work of preservation, maintenance and rehabilitation proposed for completion while the property is receiving historic property special assessment or completed not more than 24 months before the date of application for historic property special assessment.
(17)“Rehabilitation” means the process of repairing or altering a historic property in order to return the property to a state of utility in which an efficient contemporary use is possible, while preserving those portions and features of the property that are significant to the historic, architectural and cultural values of the property.
(18)“Seismic improvement” means construction or other measures that improve the seismic performance or structural stability of property or that reduce the potential for heavy structural damage to property or harm to people in or adjacent to the property in the event of an earthquake.
(19)“Sustainability” means, with respect to historic property, fulfilling present and future needs by using, without harming, renewable resources and unique human and environmental systems of a site, including air, water, land, energy, human ecology and other sustainable systems. [1975 c.514 §2; 1983 c.720 §1; 2001 c.540 §2; 2009 c.892 §2]
Notes of Decisions
Historic property is “currently listed” if listed at time of event referenced in particular statutory provision. Multnomah County v. Talbot, 56 Or App 235, 641 P2d 617 (1982), aff’d 294 Or 478, 657 P2d 684 (1983)