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HB 2001 <br />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 />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />family dwellings the development of at least one accessory dwelling unit for each detached single- <br />family dwelling, subject to reasonable local regulations relating to siting and design. <br />(b) As used in this subsection[,]: <br />(A) “Accessory dwelling unit” means an interior, attached or detached residential structure that <br />is used in connection with or that is accessory to a single-family dwelling. <br />(B) “Reasonable local regulations relating to siting and design” does not include owner- <br />occupancy requirements of either the primary or accessory structure or requirements to <br />construct additional off-street parking. <br />(6) Subsection (5) of this section does not prohibit local governments from regulating <br />vacation occupancies, as defined in ORS 90.100, to require owner-occupancy or off-street <br />parking. <br />SECTION 8. Section 2 of this 2019 Act is amended to read: <br />Sec. 2. (1) As used in this section: <br />(a) “Cottage clusters” means groupings of no fewer than four detached housing units per acre <br />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 greater <br />than 15,000 shall allow, within its urban growth boundary in areas zoned for detached single-family <br />dwellings, the development of at least one middle housing type on each lot, subject to reasonable <br />local regulations related to siting and design. <br />(3) An applicant whose proposal to develop middle housing under this section is denied <br />is entitled to attorney fees if the applicant is the prevailing party on an appeal to the Land <br />Use Board of Appeals. <br />SECTION 9.(1) Sections 2, 3, 4 and 6 of this 2019 Act and the amendments to ORS 197.312 <br />by section 7 of this 2019 Act become operative on January 1, 2020. <br />(2) The amendments to section 2 of this 2019 Act by section 8 of this 2019 Act become <br />operative on January 1, 2021. <br />(3) The Land Conservation and Development Commission, the Department of Consumer <br />and Business Services and the Residential and Manufactured Structures Board may take any <br />actions before the operative date specified in subsection (1) of this section necessary to en- <br />able the commission to exercise, on or after the operative date specified in subsection (1) of <br />this section, the duties required under section 3 of this 2019 Act. <br />SECTION 10.In addition to and not in lieu of any other appropriation, there is appro- <br />priated to the Land Conservation and Development Commission, for the biennium beginning <br />July 1, 2019, out of the General Fund: <br />(1) The amount of $ for the purpose of enforcing section 3 (1) of this 2019 Act <br />through enforcement actions as provided in ORS 197.319 to 197.335; and <br />(2) The amount of $ for the activities of the commission under section 3 (2) and <br />(3) of this 2019 Act. <br />SECTION 11.This 2019 Act being necessary for the immediate preservation of the public <br />peace, health and safety, an emergency is declared to exist, and this 2019 Act takes effect <br />[3]March 6, 2019, Work Session – Item 1