Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0205 - Applicability of Middle Housing in Large Cities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Large City must allow for the
			 development of Duplexes in the same manner as required for Medium Cities in OAR
			 660-046-0100  through OAR 660-046-0130.
(2) A Large City must allow for the
			 development of Triplexes, Quadplexes, Townhouses, and Cottage Clusters,
			 including those created through additions to or conversions of existing
			 detached single-family dwellings, in areas zoned for residential use that allow
			 for the development of detached single-family dwellings. A Large City may
			 regulate or limit development of these types of Middle Housing on the following
			 types of lands:
(a) Goal-Protected Lands:
			 Large Cities may regulate Middle Housing on Goal-Protected Lands as provided in
			 OAR 660-046-0010(3);
(b) Master
			 Planned Communities: Large Cities may regulate the development of Middle
			 Housing in Master Planned Communities as follows:
(A) A Large City may regulate Middle Housing
			 in Master Planned Communities created through the adoption, by resolution or
			 ordinance, of a master plan, or plan that functions in the same manner as a
			 master plan, after January 1, 2021, by either allowing the development of all
			 Middle Housing types as provided in OAR 660-046-0205  through OAR 660-046-0235,
			 or through implementation of one or more of the following actions:
(i) Plan to provide urban water, sanitary
			 sewer, stormwater, and transportation systems that accommodate at least 20
			 dwelling units per net acre if located within a metropolitan service district
			 boundary, and 15 dwelling units per net acre if located outside of a
			 metropolitan service district boundary. The Large City may require the
			 applicant demonstrate, through an amended public facility plan or similar
			 mechanism, the sufficient provision of public services needed to serve the
			 proposed development, if a proposed Middle Housing development exceeds the
			 planned public service capacity of a master plan. A Large City may require a
			 mix of two or more Middle Housing types within an adopted master plan or
			 portions of a master plan. A Large City may designate areas within the adopted
			 master plan exclusively for other housing types, such as multi-family
			 residential structures of five dwelling units or more or manufactured home
			 parks; or,
(ii) Plan to provide
			 urban water, sanitary sewer, stormwater, and transportation systems based on
			 the implementation of a variable rate infrastructure fee or system development
			 charge or impact fee that more accurately reflects the actual cost of providing
			 urban services to Middle Housing and other housing types in an adopted master
			 plan and which incentivize the development of Middle Housing and smaller and
			 more affordable housing types generally by reducing development cost. Pursuant
			 to ORS
			 223.304,
			 a Large City, or other service provider, may establish a variable rate system
			 development charge, comprised of reimbursement fees or improvement fees, or a
			 combination, to residential development in a Master Planned Community. The
			 charge or fee may be calculated by total square footage, anticipated occupancy
			 of housing types, by unit type, or other metric as defined by the service
			 provider; or,
(iii) Require
			 applications for residential development within a Master Planned Community to
			 develop a mix of residential types, including at least two Middle Housing types
			 other than Duplexes. A Large City may adopt a master plan or a plan that
			 functions in the same manner as a master plan which designates areas within the
			 Master Planned Community exclusively for housing types other than detached
			 single-family dwellings, such as multi-family residential structures of five
			 dwelling units or more or manufactured home parks.
(B) If a Large City has adopted a master plan
			 or a plan that functions in the same manner as a master plan before January 1,
			 2021, it may limit the development of Middle Housing other than Duplexes
			 provided it authorizes in the entire master plan area a net residential density
			 of at least eight dwelling units per acre and allows all dwelling units, at
			 minimum, to be detached single-family dwellings or Duplexes. A Large City may
			 only apply this restriction to portions of the area not developed as of January
			 1, 2021, and may not apply this restriction after the initial development of
			 any area of the master plan or a plan that functions in the same manner as a
			 master plan, except that a Large City may prohibit redevelopment of other
			 housing types, such as multi-family residential structures and manufactured
			 home parks.
(c) Impacted
			 by State or Federal Law: A Large City must demonstrate that regulations or
			 limitations of Middle Housing other than Duplexes are necessary to implement or
			 comply with an established state or federal law or regulation on these types of
			 lands.