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HB 2001 (statute+OAR) in larger cities + Portland metroSB 458 (statute) in larger cities + Portland metroResidential Infill Project 1 (Portland specific)Residential Infill Project 2 (Portland specific, still in development but must be in place by 6/2022)
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unit countup to 4 on at least 70% of lots in jurisdiction; also, must allow townhomes (ie 2-3plexes with lot divisions) or 3plexes on at least 75% of lots in each Census block groupapplies to all "middle housing" (2-4plexes, townhomes, cottage clusters); no path is created for 5+ unitson any lot: up to 4 by right, or 4-6 if at least half meet affordability standards (80% ami for ownership, 60% ami for rental)"middle housing lot division" process offered only for 2-4plexes and cottage clusters
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affordabilitybelow-market projects are allowed but cannot be mandatory for any of the first 4 unitsbelow-market projects are allowed but cannot be mandatory for any of the first 4 unitsFor 1-4plexes using basic affordability bonus: 0.1 FAR bonus if at least one unit meets standards. For 4-6plexes using extra affordability bonus: can build up to 1.2 FAR if at least half of units meet standardsno further requirements or incentives (yet)
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cottage clustersCities must allow up to four homes per acre and (unless it would exceed the acreage maximum) eight homes per common courtyard. Cities can set a minimum unit count of no more than five per cluster. Unit footprints can be no larger than 900sqft plus a garage or carport of up to 200 additional sqft. Must be legal on 70% of lots in jurisdiction. Minimum lot size for a cluster can be no less than 7000 sqft.requires cottage clusters to have a lot-split optionAllowed only as discretionary Type III process. If cluster includes any single-detached homes, at least half of homes must be around a common courtyard.Meets minimum specs of HB 2001. Average unit size, including any garages, must be no larger than 1400 sqft.
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building size2-4plexes can't be required to be smaller than 1plexesn/asliding scale FAR allowance as unit counts rise (from 0.4 for a oneplex in R7 to 0.9 for a 3-4plex in R2.5); up to 1.2 FAR for extra affordability bonus regardless of zone or unit countR10 and R20 have same FAR standards as R7 for lots at or below 10,000 sqft; above 10,000 sqft, lot-coverage and height restrictions become the binding constraint instead of FAR
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parkinglocality can require up to 1 space total (not per unit) for lots up to 3000sqft; 2 spaces for lots up to 5000 sqft; 3 spaces for lots up to 7000 sqftcities can require easements to guarantee that units that aren't adjacent to any on-site parking still have legal rights to the parking if it existsfully optionalfully optional
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ADUsLocalities must allow one per lot and can't mandate parking, discriminate against renters, or impose any other "unreasonable cost and delay"no provision for carving ADUs onto their own lotUp to two allowed per lot. Detached ADUs can be up to 800 sqft or 75% of the main house, whichever is less. Basement ADUs can exceed this.no provision for carving ADUs onto their own lot
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accessibilityrequirements can't constitute "unreasonable cost and delay"no further requirementsfor 3-4 units, one must be "visitable" with no-step entry, ground-floor toilet, wider doorways (and under federal FHA, ground-floor units in a 4+ building must be wheelchair-accessible)no further requirements
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lot divisiontownhouse lots must be allowed to be subdivided for fee-simple sale; city can require street frontage and minimum lot sizes as high as 1500sqftcities must apply the same zoning, size and design regulations to lot-split middle housing as to single-owner middle housingallowed only down to minimum lot sizesallowed down to 1500 sqft under the townhouse code (with street frontage required) or to a 15 foot minimum width (with no street frontage required) for 2-4plexes
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applicabilityall lots that allow oneplexesall lots with middle housingonly the R2.5, R5, and R7 zonesadds the R10 and R20 zones
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more fine print
https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=5988
https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB458/Enrolled
https://www.portland.gov/sites/default/files/2019-12/8-pager_recommended_draft_8.5x11_updated_090519.pdf
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