Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0330 - Parameters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Infrastructure,
			 as defined in OAR 660-046-0320(4)  and as described in more detail in OAR
			 660-046-0340, is eligible as a basis for an IBTER application. An
			 infrastructure deficiency is not significant if it would be addressed with
			 infrastructure improvements required in conjunction with the development of a
			 single-family dwelling.
(2) If a
			 local government is currently unable to issue any new permits for residential
			 development due to a jurisdiction-wide significant infrastructure deficiency,
			 the local government must address that situation through the moratorium process
			 provided in ORS
			 197.505 through ORS
			 197.540.
			 The department will not approve IBTER applications that address this type of
			 situation.
(3) If a local
			 government intends to continue permitting new single family detached dwellings
			 or other development allowed by the current zoning within the area that has a
			 significant infrastructure deficiency while deferring middle housing
			 development within the area, the local government shall demonstrate that the
			 additional infrastructure demand created by middle housing development would
			 cause an unacceptable service level of the infrastructure, or shall provide
			 other valid justification for allowing other development in the subject area
			 while prohibiting middle housing development until the significant
			 infrastructure deficiency is addressed.
(4) For the purpose of estimating the
			 additional impacts of middle housing development on infrastructure, the local
			 government may assume the following increases in residential development that
			 would create additional impacts upon an area that is significantly
			 infrastructure deficient over the period ending December 31, 2023:
(a) The local government shall prepare the
			 baseline estimate for the number of dwelling units per acre produced within a
			 residential zoning district by following the process described in ORS
			 197.296(5)(a)(A).
			 A local government may add units produced by middle housing allowances, as
			 described in subsections (b) through (f) to estimate residential infrastructure
			 demand within a specified area. A local government may include additional
			 infrastructure demand from other existing uses within the service area, such as
			 higher density housing, schools, businesses, industrial uses, or other uses to
			 estimate a total infrastructure service demand within the area that has a
			 significant infrastructure deficiency.
(b) Infill and redevelopment areas may assume
			 a one percent increase in the number of dwelling units produced due to middle
			 housing allowances within the specified residential zone(s), above the baseline
			 estimate described in subsection (a) prior to adoption of middle housing
			 allowances. If some types of middle housing are currently allowed in a
			 residential zone, the local government must adjust the anticipated increase for
			 that area to an estimated fraction of one percent representing additional
			 housing production from the middle housing types that are not currently
			 allowed.
(c) Undeveloped and
			 underdeveloped areas may assume a three percent increase in the number of
			 dwelling units produced due to middle housing allowances within the specified
			 residential zone(s), above the baseline estimate described in subsection (a)
			 prior to adoption of middle housing allowances. If some types of middle housing
			 are currently allowed in a residential zone, the local government must adjust
			 the anticipated increase to an estimated fraction of three percent representing
			 additional housing production from the middle housing types that are not
			 currently allowed.
(d) The local
			 government may project an increase in anticipated middle housing residential
			 development above the thresholds identified in subsections (b) or (c) if it
			 provides quantifiable validation of such an increase. For local governments
			 located outside a metropolitan service district, the standards for
			 demonstration of a quantifiable validation are provided in subsection (e). For
			 local governments within a metropolitan service district, the standards for
			 demonstration of a quantifiable validation are provided in subsection
			 (f).
(e) A local government located
			 outside a metropolitan service district may provide a quantifiable validation
			 by demonstrating an actual increase in residential dwelling units produced
			 above the rates anticipated in subsections (b) and (c), within a zone that
			 allows densities that are no higher than those that would be allowed with
			 adopted middle housing provisions. The evidence may be derived from an existing
			 zone within the local government's jurisdiction, or from another local
			 government within 25 miles of the subject local government.
(f) A local government located inside a
			 metropolitan service district may provide a quantifiable validation by
			 demonstrating an actual increase in residential dwelling units produced above
			 the rates anticipated in subsections (b) and (c), within a zone that allows
			 densities that are no higher than those that would be allowed with adopted
			 middle housing provisions. The evidence may be derived from an existing zone
			 within the local government's jurisdiction, or from another local government
			 within the metropolitan service district.