Agenda Packet 3-6-19 Work Session

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HB 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 regulations under subsection (1) of this section shall directly apply the model code developed by the commission under subsection (2) of this section under ORS 197.646 (3). SECTION 4.(1) It is the policy of the State of Oregon to reduce to the extent practicable administrative and permitting costs and barriers to the construction of middle housing, as defined in section 2 of this 2019 Act, while maintaining safety, public health and the general welfare with respect to construction and occupancy. (2) Notwithstanding ORS 455.035, on or before January 1, 2021, the Department of Con- sumer and Business Services shall adopt changes to: (a) The Low-Rise Residential Dwelling Code to apply the code to all middle housing types; and (b) The State of Oregon Structural Specialty Code to exempt all middle housing that is three stories or less above grade from requirements of the code. SECTION 5.Section 6 of this 2019 Act is added to and made a part of ORS 223.297 to 223.314. SECTION 6.A local government may not require that a system development charge for middle housing, as defined in section 2 of this 2019 Act, be paid prior to the issuance of an occupancy permit for the dwelling. The local government may enforce the system develop- ment charge by an encumbrance against the property, but may not charge any interest on the system development charge prior to the issuance of the occupancy permit. SECTION 7. ORS 197.312, as amended by section 7, chapter 15, Oregon Laws 2018, is amended to read: 197.312. (1) A city or county may not by charter prohibit from all residential zones attached or detached single-family housing, multifamily housing for both owner and renter occupancy or manu- factured homes. A city or county may not by charter prohibit government assisted housing or impose additional approval standards on government assisted housing that are not applied to similar but unassisted housing. (2)(a) A single-family dwelling for a farmworker and the farmworker’s immediate family is a permitted use in any residential or commercial zone that allows single-family dwellings as a per- mitted use. (b) A city or county may not impose a zoning requirement on the establishment and maintenance of a single-family dwelling for a farmworker and the farmworker’s immediate family in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other single-family dwellings in the same zone. (3)(a) Multifamily housing for farmworkers and farmworkers’ immediate families is a permitted use in any residential or commercial zone that allows multifamily housing generally as a permitted use. (b) A city or county may not impose a zoning requirement on the establishment and maintenance of multifamily housing for farmworkers and farmworkers’ immediate families in a residential or commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning requirement imposed on other multifamily housing in the same zone. (4) A city or county may not prohibit a property owner or developer from maintaining a real estate sales office in a subdivision or planned community containing more than 50 lots or dwelling units for the sale of lots or dwelling units that remain available for sale to the public. (5)(a) A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas within the urban growth boundary that are zoned for detached single- [2]March 6, 2019, Work Session – Item 1