As used in ORS 358.480 to 358.545, unless the context requires otherwise: (1)(a) Commercial property means improved real property that is used in a trade or business or held for the production of income, including but not limited to: (A) Single-family or multifamily residential rental property. (B) Office buildings, retail buildings, hotels, banks, restaurants, service outlets and dwelling units inside such buildings. (b) Commercial property does not mean an owner-occupied private residence. (2) Contributing resource means a building, site or structure that adds to the historic significance of an historic property or historic district. (3) Date of application means the date on which the State Historic Preservation Officer determines under ORS 358.490 that an application for classification and special assessment as historic property meets the requirements of ORS 358.487. (4) Governing body means the city or county legislative body having jurisdiction over the property that is the subject of an application for classification and special assessment as historic property under ORS 358.480 to 358.545. (5) Historic rehabilitation standards means the United States Secretary of the Interiors Standards for Rehabilitation as in effect on September 26, 2025. (6) Maintenance means action taken to: (a) Mitigate wear and deterioration of an historic property without altering the historic character of the property; or (b) Protect and repair the condition of the property with the least possible impact on the historic character of the property. (7)(a) Owner means: (A) A person holding fee simple absolute or fee simple defeasible estate title to real property as shown in the property tax records of the county in which the property is located, including, but not limited to, trusts, limited liability corporations and any other legally organized entity that may hold such title in the State of Oregon. (B) The purchaser of real property under a recorded land sale contract in force for the real property. (C) If the property is owned by the trustee of a revocable trust, the settlor of the revocable trust. (D) The trustee of an irrevocable trust. (b) Owner does not mean: (A) Individuals, partnerships, corporations or public agencies holding easements on the property or less than fee interests, including leaseholds, of any nature. (B) The life tenant of a life estate. (8) Owners legal representative means a person who has the legal authority to act on behalf of the owner. (9)(a) Preservation 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) Preservation does not include the extensive replacement of historic materials or new construction. (10) Preservation plan means a written document, photographs and drawings that outline the work of preservation, maintenance and rehabilitation that is proposed for completion during the period for which the property is granted special assessment as historic property. (11) Rehabilitation means the process of repairing or altering an 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. (12) 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. Note: The amendments to 358.480 by section 1, chapter 209, Oregon Laws 2025, apply to applications for classification and special assessment under 358.480 to 358.545 filed on or after September 26, 2025, for property tax years beginning on or after July 1, 2026. See section 22, chapter 209, Oregon Laws 2025. The text that applies to applications for classification and special assessment under 358.480 to 358.545 filed before September 26, 2025, for property tax years beginning before July 1, 2026, is set forth for the users convenience. 358.480. As used in ORS 358.480 to 358.545, unless the context requires otherwise: (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. (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 to 100.627: (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 (3); (b) That is intended for any type of independent ownership; and (c) The boundaries of which are described pursuant to ORS 100.105 (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 vendees 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 or a supplemental declaration under ORS 100.110 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 358.480 to 358.545. (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 Interiors 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. (15) Preservation: (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. Note: See second note under 358.475.
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