As used in this chapter, unless the context indicates otherwise:
"Certified project" or "project"means a multi-story development within a VHDZ that the City certifies as a vertical housing development project qualifying for a vertical housing partial property tax exemption under this chapter based on a proposal and description from a project applicant that conforms to City requirements.
"City"means the City of Milwaukie.
"Construction"means the development of land, and the new construction of improvements to land as further described in this chapter.
"Director"means the director of the Community Development Department or someone within the City authorized to act on behalf of the Director for purposes of the program.
"Displacement"means a situation in which a household is forced to move from its current residence due to conditions that affect the residence or the immediate surroundings of the residence and that:
1. A reasonable person would consider to be beyond the household's ability to prevent or control;
2. Occur despite the household's having met all previously imposed conditions of occupancy; and
3. Make continued occupancy of the residence by the household unaffordable, hazardous, or impossible.
"Equalized floor"means the quotient that results from the division of the total square footage of a certified project, excluding land and ancillary improvements (as determined by the City) by the number of actual floors of the nonancillary improvements of the project that are at least 500 square feet per floor unless the City, in its discretion, increases the minimum square footage or otherwise qualifies the actual floors of a project eligible to be used as a divisor in determining the equalized floor quotient. Factors that the City may consider in determining whether or not to increase the square footage minimum or to impose other conditions for a qualifying divisor floor include, but are not limited to, the following:
1. The proximity of the actual floor under consideration to other floors in the project;
2. The extent of construction or rehabilitation on the actual floor under consideration;
3. The use intended for the actual floor under consideration;
4. The availability of the actual floor under consideration for use by prospective project tenants;
5. No partial property tax exemption will be awarded for a partial equalized floor of residential housing and the maximum number of equalized floors in a project is four. Accordingly, the City will determine the number of residential equalized floors in a project available for calculating a corresponding property tax exemption by capping potential equalized floors at four and by rounding down to the next complete equalized floor of residential housing. In other words, a certified project will contain exactly 1, 2, 3, or 4 residential equalized floors reflecting the number of complete equalized floors of residential housing in a project up to the maximum four equalized floors;
6. Land, patios, porches, deck space, parking, and other ancillary improvements normally will not be included by the City in the determination of equalized floors. The City may include any or all of such space in its determination of equalized floors if it concludes that such space is critical for the viability of the project. Factors that the City may consider in reaching such a conclusion include, but are not limited to, the following:
a. The effect of such spaces upon the economic viability of the project;
b. The degree to which such spaces are integral to the habitability of residential housing in the project;
c. The benefit of such spaces with respect to the revitalization of the community in which the project is located; and
d. The degree to which inclusion of such spaces modifies the calculation of equalized floors.
"Low-income residential housing"means housing that is restricted to occupancy by persons or families whose initial income at occupancy or initial certification of the project is no greater than 80% of city's median family income. Owners must provide evidence satisfactory to the City of such resident eligibility as required by the City.
"Median family income"means median family income by household size for the city as defined by the United States Department of Housing and Urban Development as adjusted and published periodically.
"Nonresidential areas"means square footage within a certified project used other than primarily for residential use or as common areas available primarily for residential use by residents of the residential housing within a certified project. Nonresidential areas may include, but are not limited to, building features that are elements of construction including corridors, elevators, stairways, lobbies, mechanical rooms, and community rooms. Nonresidential areas may include units designated as live-work spaces in accordance with City zoning requirements.
"Project applicant"means an owner of property within a VHDZ, who applies in a manner consistent with this chapter, to have any or all such property approved by the City as a certified project.
"Rehabilitation"means repair or replacement of improvements, including fixtures or land developments, the cost of which equals at least 20% of the real market value of the improvements or land developments being repaired or replaced. In determining whether or not proposed or completed rehabilitation is satisfactory or substantial, the City may consider factors including, but not limited to:
1. The quality and adequacy of design, materials, and workmanship;
2. The quantity of rehabilitation in proportion to the total cost of the project and between the area devoted to residential use and area devoted to nonresidential use;
3. The distribution of rehabilitation throughout the project, including as it relates to the habitability of residential areas, and particularly low-income residential housing areas; and
4. The value of the improvements on a project. The value of the improvements must be at least 20% of the real market value of the entire project on the last certified assessment roll before the City, in consideration of other factors, will deem rehabilitation to be "substantial" in nature.
"Residential use"means regular, sustained occupancy of a residential unit in the project by a person or family as the person's or family's primary domicile, including residential units used primarily for transitional housing purposes, but not units and related areas used primarily as:
1. Hotels, motels, hostels, rooming houses, bed and breakfast operations, or other such temporary or transient accommodations; or
2. Nursing homes, hospital-type in-patient facilities or other living arrangements, even of an enduring nature, where the character of the environment is predominately care-oriented rather than solely residential.
"Vertical housing development project" or "project"means the construction or rehabilitation of a multiple-story building, or a group of buildings, including at least one multiple-story building, so that a portion of the project may be dedicated to residential uses and a portion of the project may be dedicated for use as nonresidential areas.
"Vertical housing development zone" or "VHDZ" or "zone"means an area that has been and remains designated by the City as a vertical housing development zone or an area that was officially designated by the Housing and Community Services Department for the State of Oregon as a vertical housing development zone and which remains so designated.
(Ord. 2157 § 1, 2017)