The Housing and Community Services Department shall exempt new rental housing that is a subsidized development from compliance with the requirements of ORS § 456.510 if the department determines that the exemption is warranted by:

(1) The topography at the construction site;

(2) Community and design standards;

(3) Undue costs or constraints; or

(4) Conflicting funding requirements of another government agency if the agency contributes a significant amount of financial aid for the housing. [2003 c.431 § 4]

See note under 456.506.