Middle Housing Land Division (Duplex). Unless an applicant requests that an application be reviewed under the procedures set forth in this chapter, a middle housing land division shall be processed as provided under ORS 197.360 through 197.380, and is subject to the following:
(A) 
Lots in the following districts or portions of districts may be divided for middle housing development (duplexes): R-1, R-2, R-3, RM, RLC.
(B) 
Middle housing (duplex) requirements found in this chapter only apply to middle housing land divisions (duplex) permitted on or after June 30, 2022.
(C) 
An application for a middle housing land division (duplex) may be submitted at the same time as the submittal of an application for building permits for a duplex.
(D) 
Applications for a middle housing land division (duplex) shall be processed by means of a preliminary plat evaluation and a final plat evaluation.
(E) 
If the application for a middle housing land division is incomplete, the city shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. Determination that an application is complete indicates only that the application contains the information necessary for a qualitative review of compliance with the Municipal Code standards.
(F) 
If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.
(G) 
The tentative approval of a middle housing land division (duplex) is void if and only if a final plat is not approved within three years of the tentative approval.
(Ord. 545, 7/9/2025)
(A) 
A proposal for development of middle housing in compliance with the Oregon Residential Specialty Code and land use regulations applicable to the original lot or parcel allowed under ORS 197A.420;
(B) 
Separate utilities for each dwelling unit;
(C) 
Proposed easements necessary for each dwelling unit 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;
(D) 
Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas;
(E) 
Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building code provisions relating to new property lines;
(F) 
Notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code;
(G) 
Conditions shall be added to the approval of a tentative plan for a middle housing land division to:
(1) 
Prohibit the further division of the resulting lots or parcels,
(2) 
Require that a notation appear on the final plat indicating that the approval was given under this section;
(H) 
In reviewing an application for a middle housing land division, the City shall:
(1) 
Apply the procedures under ORS 197.360 to 197.380.
(2) 
Require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197A.420.
(3) 
Not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.
(4) 
Not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 or 92.046 that are inconsistent with this section or ORS 197.360 to 197.380.
(5) 
Allow the submission of an application for a middle housing land division at the same time as the submission of an application for building permits for the middle housing.
(6) 
Require the dedication of right-of-way if the original parcel did not previously provide a dedication.
(7) 
Not allow middle housing developed on the original parcel to be altered by a middle housing land division.
(8) 
Notwithstanding ORS 197A.425, a City or County is not required to allow an accessory dwelling unit on a lot or parcel resulting from a middle housing land division.
(9) 
Void tentative approval of a middle housing land division if a final subdivision or partition plat is not approved within three years of the tentative approval.
(10) 
Nothing in this section or ORS 197.360 to 197.380 prohibits a City or County from requiring a final plat before issuing building permits.
(Ord. 545, 7/9/2025)