OAR 660-008-0005: Definitions

For the purpose of this division, the definitions in ORS 184.453, 184.455, 197.015, 197.660, 197A.015, 197A.018, 197A.210, 197A.230, 197A.300, 197A.348, and 197A.420 shall apply, unless the context requires otherwise. In addition, the following definitions shall apply: (1) “Accessible” means a unit that is designed, constructed, or altered in conformance with Uniform Federal Accessibility Standards as implemented by the 2010 Americans with Disabilities Act Standards for Accessible Design, the Americans with Disabilities Act Accessibility Guidelines, or the American National Standards Institute (ANSI) Type A Unit standard adopted by the state building code as defined under ORS 455.010(9). (2) “Action” means a specific policy, code, program, investment, administrative measure, advocacy effort, or other tool, in alignment with ORS 197A.100(3) and (4), including land use efficiency measures, by which a city commits to adoption and implementation. Actions in a housing production strategy may include: (a) Exploratory work as an initial critical step in order to refine, adopt and implement an action; or (b) Substantial expansion of existing programming that has proven to meet the city’s needed housing types, characteristics, or locations; or remedy or mitigate fair housing issues. (3) “Adoption-ready action” means an action that the department has developed, either partially or fully, for local implementation to reduce time and resource needs for action implementation. Adoption-ready actions are embedded in Attachment B, Housing Production Strategy Guidance for Cities, with demarcations of actions that have been developed for adoption-readiness and appendices to the menu with adoption-ready materials. (4) “Adaptable” means a unit that is designed, constructed, or altered in conformance with the ANSI Type B Unit standard adopted by the state building code as defined under ORS 455.010(9). (5) “Affirmatively furthering fair housing” has the meaning provided in ORS 197A.100(9). (6) “Allocated housing need” has the meaning provided in ORS 197A.015(1). (7) “Buildable Land” means land designated or zoned to allow residential use within the planning boundary, including vacant land, partially vacant land, and developed land likely to be redeveloped, that is suitable, available, and necessary for the development of needed housing over a 20-year planning period. Publicly owned land is generally not considered available for the development of needed housing unless otherwise determined by the local government to be available through coordination with public entities. Land is generally considered “suitable and available” unless it: (a) Is severely constrained by natural hazards as determined under Statewide Planning Goal 7; (b) Is subject to natural resource protection measures determined under Statewide Planning Goals 5, 6, 15, 16, 17 or 18; (c) Has slopes of 25 percent or greater; (d) Is within the 100-year flood plain or floodway; or (e) Cannot be provided with public facilities. (8) “Characteristics” means the attributes or features of residential units that describe their physical, structural, functional, ownership and tenure aspects, or any combination thereof. Characteristics include at minimum, but are not limited to: (a) Interior and exterior features to meet accessibility needs for all ages and disabilities including mobility, auditory, visual, mental and behavioral, and other disabilities and age-related needs like caregiving with emphasis on the needs of older adults; (b) Number of bedrooms and bathrooms; (c) Livability of layouts including eating, sleeping, bathing, and cleaning on one level with a zero-step entrance; (d) Number of complete living spaces within the unit or with adjacent units to support multi-generational living; (e) Construction type, including site-framed and prefabricated; (f) Culturally relevant features, like multiple kitchens and interior and exterior layouts with accommodating gathering spaces; (g) Affordability, including but not limited to government assisted housing; (h) Tenure type; (i) Climate adaptation and mitigation features, including energy efficiency building science, water conservation in appliances and site design, stormwater management, and ventilation and indoor air quality; (j) Trauma-informed features and design, including the built environment and operational plans and practices; and (k) Co-located services with housing, including but not limited to permanent supportive housing (PSH), assisted living housing, skilled nursing housing, and adult foster homes. (9) “City” has the meaning provided in ORS 197A.015(3). (10) “Community Action Partnership of Oregon” has the meaning provided in ORS 456.515(2). (11) “Community members of needed housing” means any individuals who inhabit or are anticipated to inhabit needed housing. (12) “Continuum of Care” has the meaning provided in OAR 813-385-0010(1). (13) “Coordinated care organization” has the meaning provided in ORS 414.025(8). (14) “Communities of color” means populations that have been historically marginalized, underrepresented, or subjected to systemic inequities based on race, color, or ethnicity, including Hispanic, Latina/o/x, Asian, Arabic or North African, Middle Eastern, Pacific Islander, American Indians, Alaska Natives, Native Hawaiians or other Pacific Islanders, and mixed-race or mixed-ethnicity populations. (15) “Contextualized housing need” means the deliverable associated with complying with OAR 660-008-0075 and which, through the framework of affirmatively furthering fair housing, identifies the needed housing types, characteristics, and locations in a city that will be planned for throughout Goal 10 work. (16) “Development-ready lands” has the meaning provided in ORS 197A.015(4). (17) “Environmental justice” has the meaning provided in ORS 182.535(3). (18) “Exploratory work” means studies, research, and other planning analyses intended to inform a city’s housing production strategy planning work, but which are noncommittal in nature and do not on their own meet the definition of an action. Exploratory work may be a subtask of an action to further refine an action. Exploratory work may be included in an HPS and planned independently of a specific action, such as to inform future HPSs, however, the department will not consider that work to function as an action that meets housing need in the current HPS cycle. (19) "Fair housing choice" means individuals and households having the information, opportunity, and options to live where they choose, including in areas with access to opportunity and in integrated areas, without unlawful discrimination and other barriers related to protected classes, named communities in needed housing as provided in ORS 197A.018, and tribal communities. Fair housing choice encompasses: (a) Actual choice, which means the existence of realistic housing options – options that are affordable, attainable, accessible, and otherwise meet the needs of the household in the housing types, characteristics, and locations of their choice; (b) Protected choice, which means housing that can be accessed without discrimination; (c) Enabled choice, which means realistic access to sufficient information, services, and other resources regarding the housing types, characteristics, and locations available so that any choice is informed; and (d) For individuals with disabilities, fair housing choice includes a realistic opportunity to obtain and maintain housing with accessibility features meeting the individual’s disability-related needs, housing provided in the most integrated setting appropriate to an individual’s needs, and housing where community assets are accessible to individuals with disabilities, including voluntary disability-related services that an individual needs to live in such housing. (20) “Fair housing issue” means a condition in a city that restricts fair housing choice or access to opportunity, results in inequitable housing outcomes, or any combination thereof and may be indication of current discriminatory actions. (21) “Housing acceleration agreement” means a document that complies with provisions of ORS 197A.130(6) to (8). (22) “Housing Capacity Analysis (HCA)” means a document, incorporated into a local government’s comprehensive plan by ordinance, which complies with the provisions of ORS 197A.270, 197A.280, and 197A.335. A Housing Capacity Analysis is an assessment of residential land capacity, based on the allocated housing need and contextualized housing need if applicable, that includes the inventory, determination, and analysis required under ORS 197A.270(3) to (4). (23) “Housing equity indicators” means the information annually produced by the Housing and Community Services Department under ORS 456.602. (24) “Housing Production Strategy (HPS)” has the meaning provided in ORS 197A.015(7). (25) “Housing production dashboard” means the information annually produced by the Housing and Community Services Department under ORS 456.601. (26) “Housing production target” has the meaning provided in ORS 184.455. (27) “Housing type” means a category of housing distinguished by its physical form and relationship to its underlying parcel of land, including but not limited to: (a) Middle housing and its component subtypes of housing, and (b) Multi-unit housing and its component subtypes of housing. (28) “Integration” means a condition, within a specific geographic area of analysis, in which there is not a high concentration of individuals of a particular protected class, named community in needed housing as provided in ORS 197A.018, or tribal community when compared to a broader geographic area. Racial integration means that individuals of different racial groups generally are not highly concentrated in distinct geographic areas within a community, for example, census tract or block group. For individuals with disabilities, integration also means that such individuals are able to access housing and services in the most integrated setting appropriate to the individual’s needs. The most integrated setting is one that enables individuals with disabilities to interact with individuals without disabilities to the fullest extent possible. (29) “Land Use Efficiency Measure” refers to an action taken by a local government to quantifiably increase the housing capacity or reduce the residential land need, or both, via an adopted comprehensive plan or land use regulation change consistent with ORS 197.610. (30) “Location” means a specific geographic area or series of areas within a city’s planning boundary. Locations can significantly impact equity, quality of living, and access to opportunity. Locations include at a minimum, but are not limited to, areas with proximity to: (a) Community assets, including but not limited to: (A) Key destinations as defined by OAR 660-012-0360(2); (B) Areas with multimodal connectivity infrastructure, including the availability of road networks, public transit and paratransit options, bike lanes, and pedestrian pathways; and (C) Areas with community based supportive services. (b) Harms, including but not limited to: (A) Environmental conditions that may lead to harm such as areas prone to natural hazards, industrial uses, and highways and freeways; and (B) Areas that are segregated by race and income. (31) “Manufactured dwelling park” has the meaning provided in ORS 446.003(20). (32) “Middle housing” has the meaning provided in ORS 197A.420(1)(c)(A) to (E), which includes: (a) Duplex which has the meaning provided in OAR 660-046-0020(6); (b) Triplex which has the meaning provided in OAR 660-046-0020(19); (c) Quadplex which has the meaning provided in OAR 660-046-0020(14); (d) Townhouse which has the meaning provided in OAR 660-046-0020(17); (e) Cottage cluster which has the meaning provided in OAR 660-046-0020(2). (33) “Midpoint report” means a report that a city submits to the department half-way through a housing production strategy cycle pursuant to OAR 660-008-0230. (34) “Multi-unit housing” means a category of housing type where each unit of housing is not located on a separate lot and is not middle housing, including: (a) Multi-unit dwelling which means a structure that consists of five or more units on an individual lot or parcel; (b) “Single room occupancy” which has the meaning provided in ORS 197A.430; and (c) Manufactured dwelling park which has the meaning provided in ORS 446.003. (35) “Near-term” refers to a time period of two years less than a city’s Housing Production Strategy cycle (OAR 660-008-0200) in which capital projects are initiated. (36) “Needed housing” has the meaning provided in ORS 197A.018. (37) “Oregon Housing Needs Analysis (OHNA)” has the meaning provided in ORS 184.451. (38) “Partially vacant land” refers to buildable land with existing development on it where the remaining, unconstrained land area can be further developed within the applicable development regulations. (39) “Past discriminatory actions or practices related to land and housing access” means policies, programs, and other practices which oppressed and discriminated against protected classes and named communities in needed housing as provided in ORS 197A.018 with particular focus on communities of color, low-income communities, individuals with disabilities, and tribal communities, and which are particularly oriented to place, belonging, stability, housing, wealth-building, and the lands themselves that occurred in the city and region. This includes but is not limited to: (a) The historical and ongoing actions affecting the indigenous stewards and residents of the lands, including land seizure, massacre, termination, attempted erasure, and displacement; the geographic locations of land seizure and displacement including reservations and treaty lands; (b) The imposition of the ownership model on the land; the Donation Land Act and the associated land grants made exclusively to white settlers in the mid-nineteenth century; laws illegalizing ownership of land for particular communities; (c) Land and housing access restrictions like sundown laws and their geographic boundaries; segregated schools, neighborhoods, parks, and natural areas; mortgage redline maps; insurance blueline maps; histories of block-busting practices; and any unnecessary institutionalization and incarceration. (d) Urban renewal and large public works projects that displaced communities, including transportation infrastructure projects, freeway development, and other uses of eminent domain to seize property and wealth; land use and zoning decisions that systematically excluded or segregated particular communities, limited their access to desirable neighborhoods, or enforced discriminatory land use practices; and (e) Other occurrences of property seizure, unsafe living conditions, and displacement for particular communities. (40) "Planning boundary" means the area a local government must analyze when planning for needed housing, consisting of: (a) For a local government outside Metro and the shared Salem-Keizer urban growth boundary, all lands within its acknowledged urban growth boundary; (b) For Salem, Keizer, and an incorporated city within Metro, all lands within their city limits and any lands within the urban growth boundary for which the city has been assigned responsibility for urbanization under an intergovernmental agreement or urban growth management agreement; (c) For Clackamas, Multnomah, and Washington counties, Metro urban unincorporated lands as defined by ORS 197A.015(9) that are under their jurisdiction and not assigned to a city under subsection (b); (d) For unincorporated communities in Tillamook County specified in ORS 197A.015(3), all lands within their unincorporated community boundary; and (e) For Metro, all lands within the Metro urban growth boundary. (41) “Producers of needed housing” means developers, builders, service providers, or other individuals or entities providing materials and funding needed to build needed housing. Producers of needed housing may include non-profit organizations, for-profit organizations, or public entities. (42) “Protected class” includes the meaning provided in ORS 659A.425(1)(b), which encompasses federal Fair Housing Act protected classes, state protected classes, and any locally protected classes. (43) “Public body” has the meaning defined in ORS 174.109. (44) “Public Facilities” means water, wastewater, stormwater, and transportation facilities that serve a jurisdiction. (45) “Readily-served” means required public facility (OAR 660-008-0005(44)) improvements are abutting a single parcel or group of contiguous parcels under common ownership, such that no oversized facilities or facility extensions greater than 300 feet are required to serve development. (46) “Redevelopable land” means land designated or zoned to allow residential use on which development has already occurred but on which, due to present or expected market forces, there exists the strong likelihood that existing development will be converted to more intensive residential uses during the 20-year planning period. (47) “Safe harbor” means an optional course of action that a local government may use to satisfy a requirement of Goal 10. Use of a safe harbor prescribed in this division will satisfy the requirement for which it is prescribed. A safe harbor is not the only way or necessarily the preferred way to comply with a requirement and it is not intended to interpret the requirement for any purpose other than applying a safe harbor within this division. (48) “Segregation” means a condition within specific geographic areas of analysis in which there is a significant concentration of individuals of a particular protected class, named community in needed housing as provided in ORS 197A.018, or tribal community in a particular geographic area when compared to a different or broader geographic area. Racial segregation includes a concentration of individuals of the same race, regardless of whether that race is the majority or minority of the population in the geographic area of analysis. For example, in a community where individuals of one race are concentrated in one neighborhood and individuals of another race are concentrated in a different neighborhood, racial segregation exists in each of the neighborhoods. For individuals with disabilities, segregation includes a condition in which available housing or services are not in the most integrated setting appropriate to an individual’s needs. (49) “Single-room occupancy housing” has the meaning provided in ORS 197A.430. (50) “Tenure” means the full range of housing tenure types encompassing forms of occupancy and ownership, including but not limited to rental; market-, shared-, limited-, and zero-equity structures as applied to various ownership models like community land trusts and resident-owned cooperatives; condominium ownership; and fee simple ownership. (51) “Tribal government” means the governing body of a “Tribe” as defined in ORS 182.162(2), including but not limited to Tribal Council and staff. (52) “Tribal communities” means tribally affiliated Oregonians, including enrolled members of a “Tribe” as defined in ORS 182.162(2) and their households.