(1) Any additions made that are historically accurate reconstructions of once extant features or necessary for safety or access for persons with disabilities or required by building code requirements may be classified as not being “new construction” by the State Historic Preservation Officer if the State Historic Preservation Officer so determines after request is made by the owner.
(2) A request to have an addition classified as not being “new construction” must be made in writing and must be accompanied by written documentation that demonstrates that the addition is a historically accurate reconstruction of once extant features, necessary for safety or access for persons with disabilities or required by building code requirements.
(3) Except as provided in subsection (4) of this section, if new construction takes place with respect to property classified as historic property under ORS 358.480 to 358.545, the new construction may not be considered classified as historic and may not receive the special valuation accorded historic property under ORS 358.505. The new construction shall be valued for ad valorem property tax purposes at its real market value and shall be assessed as provided in ORS 308.146 (1) to (3).
(4)(a) If new construction takes place on or after January 1, 2002, with respect to historic property for which a certificate has been filed under ORS 358.495 (2), the new construction shall be subject to the maximum assessed value and assessed value of the historic property under ORS 358.505 if the new construction is approved by the State Historic Preservation Officer and:
(A) Is used primarily for residential purposes; or
(B) Is used primarily for nonresidential purposes. New construction that is used primarily for nonresidential purposes shall be subject to the maximum assessed value and assessed value of the historic property under ORS 358.505 only to the extent the square footage of the new construction, when added to the total net rentable area of the existing historic property, is less than or equal to the total net rentable area of the property that existed prior to the new construction.
(b) New construction that is not approved for historic property assessment under paragraph (a) of this subsection shall be assessed as provided in ORS 308.146 (1) to (3).
(c) The State Historic Preservation Officer may adopt rules establishing procedures for requesting and obtaining the approval of the State Historic Preservation Officer under this subsection.
(d) For purposes of this subsection, net rentable area shall be measured in square feet.
(5) Any notice required under ORS 358.528 to be sent by a public official or agency with regard to a change in classification to or from historic property classification shall be given by the county assessor and to the State Historic Preservation Officer.
(6) As used in this section, “new construction” includes, but is not limited to:
(a) An additional new building, structure or other improvement outside the building envelope, including but not limited to a parking area to be or in use for commercial purposes.
(b) An enlargement of the exterior perimeters of an existing building, structure or improvement.
(c) Any story or stories added to an existing building, structure or improvement. [1983 c.720 §§12,13; 1991 c.459 §329; 1995 c.5 §15; 1995 c.693 §12; 1999 c.314 §87; 2001 c.540 §16; 2007 c.70 §151]
(State Historic Preservation Officer)Section: Previous 358.525 358.526 358.528 358.530 358.535 358.540 358.541 358.543 358.545 358.565 358.570 358.575 358.580 358.583 358.585 Next
Last modified: August 7, 2008