HB 2001

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
HB 2001	OR	2019	D	Accessory dwelling units regulations, Appeals, Building code reform, By-right zoning, Deadlines, Declare HOA rules void, Density Increases, Encouraging duplex, triplex, fourplexes and townhomes, Homeowner association rules, Limit local requirements on ADU occupants, Minimum parking requirements, Planning Requirements, Streamline application, Tax Incentives, Technical assistance, Waiver of Fees, Written findings, burden and standard of proof

Provided by Furman

Summary

Defines “middle housing” as duplexes, triplexes, quadplexes, cottage clusters and townhomes.

Requires cities with a population of 10,000 and less than 25,000 outside of a metropolitan service district to permit the development of a duplex on each lot in residential-zoned areas that allow for detached single-family homes. Local governments must adopt land use regulation or amend their comprehensive plans to implement these measures June 30, 2021.

Cities with a population of 25,000 or more shall allow the development of: (a) All middle housing types in areas zoned for residential use that allow for the development of detached single-family dwellings; and (b) A duplex on each lot or parcel zoned for residential use that allows for the development of detached single-family dwellings. Cities must adopt land use regulation or amend their comprehensive plans to implement these measures by June 30, 2022.

Establishes that these measures do not apply to cities with a population of 1,000 or fewer; and lands not within an urban growth boundary (UGB); unincorporated lands and those lacking sufficient urban services; lands not zoned for residential use or unincorporated land and zoned under a designation that maintains the land’s potential for planned urban development.

Directs the Land Conservation and Development Commission (LCDC), with Building Codes Division, to develop a model middle housing ordinance by December 31, 2020. Requires local governments that have not adopted their own regulation by the given deadline to adopt the model ordinance.

Clarifies local governments not required to consider whether an amendment to a land use regulation to allow middle housing (in areas zoned for single-family dwellings) significantly affects existing or planning transportation facilities.

Modifies factors to establish sufficiency of buildable lands within urban growth boundary, analysis, and determination of residential housing patterns. Requires local government, for the purpose of estimating housing needs, to use population projections prescribed by statute and adopt findings on density expectations assumed to result from the land use reforms, based on various household factors (size, demographics, household incomes, vacancy rates, housing costs).

The determination of housing capacity within a city’s urban growth boundary should be based on data collected since the last review, or six years, whichever is greater – the bill changes this requirement from five to six years.

Requires cities to include number of permits issued and units produced of accessory dwelling units and middle housing in report to Department of Land Conservation and Development.

Requires Department of Consumer and Business Services to establish uniform standards for conversion of single-family dwelling to four unit housing in the Low-Rise Residential Dwelling Code. Provides that a building official must approve or deny applications for alternative approval under this section within 15 business days of receiving an application. Outlines that an appeal from a denial must be through a municipal administrative process.

Prohibits enforcement of new restrictions that would prohibit the construction of middle housing in governing documents for planned communities – declares these governing documents (e.g. HOA covenants) as void to the extent and unenforceable if it would allow single-family dwellings but prohibit the development of middle housing.

Prohibits conditioning approval of accessory dwelling units within urban growth boundaries on off-street parking availability or owner occupancy.

Provides appropriations for technical assistance to local governments to implement these measures.

Provided by lawmakers

Bill Title

Relating to housing; creating new provisions; amending ORS 197.296, 197.303, 197.312 and 455.610 and section 1, chapter 47, Oregon Laws 2018; and declaring an emergency.