ORS 197A.420: Duplexes; middle housing.

(1) As used in this section and ORS 197A.421:

      (a) “City” includes a local government with jurisdiction over unincorporated lands within an urban growth boundary.

      (b) “City with a population of 25,000 or greater” includes, regardless of size, any city within Tillamook County and the communities of Barview/Twin Rocks/Watseco, Cloverdale, Hebo, Neahkahnie, Neskowin, Netarts, Oceanside and Pacific City/Woods.

      (c) “Cottage cluster” means a grouping of dwelling units:

      (A) That are detached or attached in subgroupings of up to four units in any configuration;

      (B) That have a common courtyard; and

      (C) That each have a small footprint or floor area.

      (d) “Duplex” means two attached or detached dwellings in any configuration on a lot or parcel, other than a lot or parcel created by a middle housing land division.

      (e)(A) “Middle housing” means housing that consists of duplexes, triplexes, quadplexes, cottage clusters or townhouses.

      (B) “Middle housing” includes dwelling units that are:

      (i) Additional units allowed under ORS 197A.421; and

      (ii) Existing dwelling units to which additional units are added under subsection (4) of this section.

      (f) “Middle housing land division” has the meaning given that term in ORS 92.031.

      (g) “Quadplex” means four attached or detached dwellings in any configuration on a lot or parcel, other than a lot or parcel created by a middle housing land division.

      (h) “Townhouse” means a dwelling unit constructed in a row of two or more attached units, where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent unit.

      (i) “Triplex” means three attached or detached dwellings in any configuration on a lot or parcel, other than a lot or parcel created by a middle housing land division.

      (j) “Zoned for residential use” means land that:

      (A) Is within an urban growth boundary;

      (B) Has base zoning for, or is designated to allow, residential uses;

      (C) Allows the development of a detached single-unit dwelling;

      (D) Is not zoned primarily for commercial, industrial, agricultural or public uses; and

      (E) Is incorporated or urban unincorporated land.

      (2) Except as provided in subsection (4) of this section, each county, each city with a population of 25,000 or greater, and each city with a population of 1,000 or greater within Metro, shall allow the development of all middle housing types on each lot or parcel zoned for residential use.

      (3) Each city not within Metro with a population of 2,500 or greater and less than 25,000 shall allow the development of a duplex on each lot or parcel zoned for residential use.

      (4)(a) Each city required to allow middle housing under subsection (2) or (3) of this section, excluding urban unincorporated land not within Metro, shall allow the lot or parcel to include existing housing consisting of:

      (A) One single-unit dwelling;

      (B) One single-unit dwelling plus one accessory dwelling unit; or

      (C) One duplex.

      (b) The city may require only the new units, and not the existing units, to comply with siting and design standards adopted under subsection (5) of this section.

      (c) Existing units on the lot or parcel may be separated from the new units by a middle housing land division and are considered a single unit for the purposes of such division.

      (5) Local governments:

      (a) May regulate siting and design of middle housing required to be permitted under this section, provided that the regulations do not individually or cumulatively discourage, through unreasonable costs or delay, the development of all middle housing types permitted in the area.

      (b) May regulate middle housing to comply with protective measures adopted pursuant to statewide land use planning goals.

      (6)(a) A local government may not, based on traffic impacts from any individual middle housing development allowed under this section or ORS 197A.421:

      (A) Require a traffic impact analysis; or

      (B) Attribute an exaction other than a generally applicable system development charge or fee-in-lieu variance charge or a development requirement specific to the lot or parcel or its frontage.

      (b) This subsection does not apply to:

      (A) Developments of townhouses or cottage clusters with more than 12 units.

      (B) Lots or parcels created by a division of land, other than a middle housing land division, that occurred within the previous five years.

      (7) This section does not prohibit local governments from permitting:

      (a) Single-unit dwellings in areas zoned to allow for single-unit dwellings; or

      (b) Middle housing in areas not required under this section.

      (8) A local government that amends its comprehensive plan or land use regulations relating to allowing additional middle housing is not required to consider whether the amendments significantly affect an existing or planned transportation facility.