OAR 660-046-0220
Middle Housing Siting Standards in Large Cities
(1)
Large Cities must apply siting standards to Duplexes in the same manner as required for Medium Cities in OAR 660-046-0120 (Duplex Siting Standards in Medium Cities).(2)
The following governs Large Cities’ regulation of siting standards related to Triplexes and Quadplexes:(a)
Minimum Lot or Parcel Size:(A)
For Triplexes:(i)
If the minimum Lot or Parcel size in the zone for a detached single-family dwelling is 5,000 square feet or less, the minimum Lot or Parcel size for a Triplex may be no greater than 5,000 square feet.(ii)
If the minimum Lot or Parcel size in the zone for a detached single-family dwelling is greater than 5,000 square feet, the minimum Lot or Parcel size for a Triplex may be no greater than the minimum Lot or Parcel size for a detached single-family dwelling.(B)
For Quadplexes:(i)
If the minimum Lot or Parcel size in the zone for a detached single-family dwelling is 7,000 square feet or less, the minimum Lot or Parcel size for a Quadplex may be no greater than 7,000 square feet.(ii)
If the minimum Lot or Parcel size in the zone for a detached single-family dwelling is greater than 7,000 square feet, the minimum Lot or Parcel size for a Quadplex may be no greater than the minimum Lot or Parcel size for a detached single-family dwelling.(C)
A Large City may apply a lesser minimum Lot or Parcel size in any zoning district for a Triplex or Quadplex than provided in paragraphs (A) or (B).(b)
Density: If a Large City applies density maximums in a zone, it may not apply those maximums to the development of Quadplex and Triplexes.(c)
Setbacks: A Large City may not require setbacks greater than those applicable to detached single-family dwellings in the same zone.(d)
Height: A Large City may not apply lower maximum height standards than those applicable to detached single-family dwellings in the same zone, except a maximum height may not be less than 25 feet or two stories.(e)
Parking:(A)
For Triplexes, a Large City may require up to the following off-street parking spaces:(i)
For Lots or Parcels of less than 3,000 square feet: one space in total;(ii)
For Lots or Parcels greater than or equal to 3,000 square feet and less than 5,000 square feet: two spaces in total; and(iii)
For Lots or Parcels greater than or equal to 5,000 square feet: three spaces in total.(B)
For Quadplexes, a Large City may require up to the following off-street parking spaces:(i)
For Lots or Parcels of less than 3,000 square feet: one space in total;(ii)
For Lots or Parcels greater than or equal to 3,000 square feet and less than 5,000 square feet: two spaces in total;(iii)
For Lots or Parcels greater than or equal to 5,000 square feet and less than 7,000 square feet: three spaces in total; and(iv)
For Lots or Parcels greater than or equal to 7,000 square feet: four spaces in total.(C)
A Large City may allow on-street parking credits to satisfy off-street parking requirements.(D)
A Large City may allow, but may not require, off-street parking to be provided as a garage or carport.(E)
A Large City must apply the same off-street parking surfacing, dimensional, landscaping, access, and circulation standards that apply to single-family detached dwellings in the same zone.(F)
A Large City may not apply additional minimum parking requirements to Middle Housing created as provided in OAR 660-046-0230 (Middle Housing Conversions).(f)
Lot or Parcel Coverage and Floor Area Ratio: Large Cities are not required to apply Lot or Parcel coverage or floor area ratio standards to Triplexes or Quadplexes. However, if the Large City applies Lot or Parcel coverage or floor area ratio standards, it may not establish a cumulative Lot or Parcel coverage or floor area ratio for Triplexes or Quadplexes that is less than established for detached single-family dwelling in the same zone.(g)
A Large City shall work with an applicant for development to determine whether Sufficient Infrastructure will be provided, or can be provided, upon submittal of a Triplex or Quadplex development application.(3)
The following governs Large Cities’ regulation of siting standards related to Townhouses:(a)
Minimum Lot or Parcel Size: A Large City is not required to apply a minimum Lot or Parcel size to Townhouses, but if it applies those standards, the average minimum Lot or Parcel size for Lot or Parcels in a Townhouse Project may not be greater than 1,500 square feet. A Large City may apply separate minimum Lot or Parcel sizes for internal, external, and corner Townhouse Lots or Parcels provided that they average 1,500 square feet, or less.(b)
Minimum Street Frontage: A Large City is not required to apply a minimum street frontage standard to Townhouses, but if it applies those standards, the minimum street frontage standard must not exceed 20 feet. A Large City may allow frontage on public and private streets or alleys; and on shared or common drives. If a Large City allows flag Lots or Parcels, it is not required to allow Townhouses on those Lots or Parcels.(c)
Density: If a Large City applies density maximums in a zone, it must allow four times the maximum density allowed for detached single-family dwellings in the same zone for the development of Townhouses or 25 dwelling units per acre, whichever is less.(d)
Setbacks: A Large City may not require front, side, or rear setbacks to be greater than those applicable to detached single-family structures in the same zone and must allow zero-foot side setbacks for Lot or Parcel lines where Townhouse units are attached.(e)
Height: A Large City may not apply lower maximum height standards than those applicable to detached single-family dwellings in the same zone. If a Large City requires covered or structured parking for townhouses, the applicable height standards must allow construction of at least three stories. If a Large City does not require covered or structured parking, the applicable height standards must allow construction of at least two stories.(f)
Parking:(A)
A Large City may not require more than one off-street parking space per Townhouse dwelling unit.(B)
Nothing in this section precludes a Large City from allowing on-street parking credits to satisfy off-street parking requirements.(C)
A Large City must apply the same off-street parking surfacing, dimensional, landscaping, access, and circulation standards that apply to single-family detached dwellings in the same zone.(g)
Bulk and Scale: A Large City is not required to apply standards to control bulk and scale to new Townhouses. However, if a Large City chooses to regulate scale and bulk, including but not limited to provisions including Lot or Parcel coverage, floor area ratio, and maximum unit size, those standards cannot cumulatively or individually limit the bulk and scale of the cumulative Townhouse project greater than that of a single-family detached dwelling.(h)
A Large City shall work with an applicant for development to determine whether Sufficient Infrastructure will be provided, or can be provided, upon submittal of a Townhouse development application.(4)
The following governs Large Cities’ regulation of siting standards related to Cottage Clusters:(a)
Minimum Lot or Parcel Size: A Large City is not required to apply minimum Lot or Parcel size standards to new Cottage Clusters. However, if a Large City applies standards to regulate minimum Lot or Parcel size for Cottage Clusters on a single Lot or Parcel, the following provisions apply:(A)
If the minimum Lot or Parcel size in the same zone for a detached single-family dwelling is 7,000 square feet or less, the minimum Lot or Parcel size for a Cottage Cluster may be no greater than 7,000 square feet.(B)
If the minimum Lot or Parcel size in the same zone for a detached single-family dwelling is greater than 7,000 square feet, the minimum Lot or Parcel size for a Cottage Cluster may not be greater than the minimum Lot or Parcel size for a detached single-family dwelling.(b)
Minimum Lot or Parcel Width: A Large City is not required to apply minimum Lot or Parcel width standards to Cottage Clusters. However, if a Large City applies standards to regulate minimum Lot or Parcel width for to Cottage Clusters, it may not require a minimum Lot or Parcel width that is greater than the standard for a single-family detached dwelling in the same zone.(c)
Density: A Large City may not apply density maximums to the development of Cottage Clusters. A Cottage Cluster development must meet a minimum density of at least four units per acre.(d)
Setbacks: A Large City may not require perimeter setbacks to be greater than those applicable to detached single-family dwellings in the same zone. Additionally, perimeter setbacks applicable to Cottage Cluster dwelling units may not be greater than ten feet. The minimum distance between structures may not be greater than what is required by applicable building code requirements or 10 feet.(e)
Dwelling Unit Size: A Large City may limit the minimum or maximum size of dwelling units in a Cottage Cluster, but must apply a maximum building footprint of less than 900 square feet per dwelling unit. A Large City may exempt up to 200 square feet in the calculation of dwelling unit footprint for an attached garage or carport. A Large City may not include detached garages, carports, or accessory structures in the calculation of dwelling unit footprint.(f)
Parking:(A)
A Large City may not require more than one off-street parking space per dwelling unit in a Cottage Cluster.(B)
A Large City may allow but may not require off-street parking to be provided as a garage or carport.(C)
Nothing in this section precludes a Large City from allowing on-street parking credits to satisfy off-street parking requirements.(g)
Lot or Parcel Coverage and Floor Area Ratio: A Large City may not apply Lot or Parcel coverage or floor area ratio standards to Cottage Clusters.(h)
Nothing in this division precludes a Large City from allowing Cottage Cluster dwelling units on individual Lots or Parcels within the Cottage Cluster development.(i)
A Large City shall work with an applicant for development to determine whether Sufficient Infrastructure will be provided, or can be provided, upon submittal of a Cottage Cluster development application.
Source:
Rule 660-046-0220 — Middle Housing Siting Standards in Large Cities, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-046-0220.