Expedited land divisions and middle housing land divisions are
reviewed under a Type 2 procedure except as provided in SDC 5.12.205
to 5.12.235. Where the provisions of this section conflict with the
Type 2 procedures in SDC Chapter 5, the procedures of this section
will prevail.
(6443)
(A) The Director will approve a tentative plan for middle housing land
division based on whether it satisfies the following criteria of approval:
(B) The application provides for the development of middle housing in
compliance with SDC 3.2.250 as applicable to the original lot or parcel.
(C) Separate utilities are provided for each dwelling unit.
(D) The application provides for easements necessary for each dwelling
on the plan for:
(1) Locating, accessing, replacing and servicing all utilities;
(2) Pedestrian access from each dwelling unit to a private or public
road;
(3) Any common use areas or shared building elements;
(4) Any dedicated driveways or parking; and
(5) Any dedicated common area.
(E) The application proposed exactly 1 dwelling unit on each resulting
lot or parcel, except for lots, parcels, or tracts used as common
areas.
(F) The application demonstrates that buildings or structures on a resulting
lot or parcel will comply with applicable building codes provisions
relating to new property lines and, notwithstanding the creation of
new lots or parcels, that structures or buildings located on the newly
created lots or parcels will comply with the Oregon residential specialty
code.
(G) The original parcel or lot dedicated and improved the abutting street
right-of-way sufficient to comply with the following:
(1) Minimum right-of-way and improvement standards SDC 4.2.105(C);
(2) Vision clearance areas in SDC 4.2.130;
(3) Sidewalks and planter strips in SDC 4.2.135;
(4) Street trees in SDC 4.2.140 for street trees; and
(5) Street lighting in SDC 4.2.145.
(6443; Ord. 6466, 11/20/2023)
The procedures in SDC 5.1.800 do not apply to appeals of an
expedited land division or middle housing land division. Any appeal
of an expedited land division or middle housing land division must
be as provided in ORS 197.375. The Approval Authority for any appeal
of an expedited land division or middle housing land division is the
Hearings Officer.
(6443)