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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />80th OREGON LEGISLATIVE ASSEMBLY--2019 Regular Session <br />House Bill 2001 <br />Sponsored by Representative KOTEK (Presession filed.) <br />SUMMARY <br />The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject <br />to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the <br />measure as introduced. <br />Requires cities with population greater than 10,000 and counties with population greater than <br />15,000 to allow middle housing in lands zoned for single-family dwellings within urban growth <br />boundary. Requires Land Conservation and Development Commission to draft model code. Requires <br />cities and counties to amend their comprehensive plan and land use regulations to conform with <br />requirement by December 31, 2020, or to directly apply model code developed by commission. Re- <br />quires Department of Consumer and Business Services to amend Low-Rise Residential Dwelling Code <br />to apply to low-rise middle housing and to amend State of Oregon Structural Specialty Code to not <br />apply to low-rise middle housing. <br />Allows attorney fees, beginning January 1, 2021, for prevailing applicant whose proposal to de- <br />velop middle housing is denied. <br />Prohibits conditioning approval of accessory dwelling unit within urban growth boundary on <br />off-street parking availability or owner occupancy. <br />Prohibits local governments from requiring system development charges to be paid by developer <br />of middle housing before occupancy permit is issued. <br />Declares emergency, effective on passage. <br />A BILL FOR AN ACT <br />Relating to housing; creating new provisions; amending ORS 197.312; and declaring an emergency. <br />Be It Enacted by the People of the State of Oregon: <br />SECTION 1.Section 2 of this 2019 Act is added to and made a part of ORS chapter 197. <br />SECTION 2.(1) As used in this section: <br />(a) “Cottage clusters” means groupings of no fewer than four detached housing units per <br />acre with a footprint of less than 900 square feet each and that include a common courtyard. <br />(b) “Middle housing” means: <br />(A) Duplexes; <br />(B) Triplexes; <br />(C) Quadplexes; and <br />(D) Cottage clusters. <br />(2) Each city with a population greater than 10,000 and each county with a population <br />greater than 15,000 shall allow, within its urban growth boundary in areas zoned for detached <br />single-family dwellings, the development of at least one middle housing type on each lot, <br />subject to reasonable local regulations related to siting and design. <br />SECTION 3.No later than December 31, 2020: <br />(1) Notwithstanding ORS 197.646, each local government subject to section 2 of this 2019 <br />Act shall update its comprehensive plan and land use regulations to implement section 2 of <br />this 2019 Act. <br />(2) The Land Conservation and Development Commission, with the assistance of the <br />Building Codes Division of the Department of Consumer and Business Services, shall develop <br />a model middle housing code. <br />(3) A local government that has not adopted its own comprehensive plan and land use <br />NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. <br />New sections are in boldfaced type. <br />LC 2887 <br />ATTACHMENT A <br />March 6, 2019, Work Session – Item 1