State adopts rules to develop more duplexes in single-family zones
Under state legislation, larger cities also must allow more triplexes, quadplexes, townhouses and cottage clusters
SALEM, Ore. (KTVZ) -- The Oregon Land Conservation and Development Commission has adopted a model housing code and administrative rules to guide the development of duplexes in medium-sized cities as part of House Bill 2001.
The 2019 legislation allows for development of traditional housing types like duplexes and triplexes in historically exclusionary single-family zones.
The unanimous adoption of the model code and rules last Thursday is a major milestone in the implementation of the work by House Speaker Tina Kotek and the Oregon Legislature to increase housing choice and supply in Oregon.
“The Land Conservation and Development Commission is honored to do its part to foster greater housing choice and supply in communities across Oregon; this work is a major step forward,” said Commission Chair Robin McArthur. “We are grateful for the work of many volunteer advisors on this effort.”
House Bill 2001 requires all cities between 10,000 and 25,000 population outside the Portland Metropolitan area (“medium cities”) to allow a duplex on all lots or parcels where single-family detached residences are currently allowed by city zoning. Cities must establish this in local code by June 30, 2021.
The law directed LCDC to develop a model housing code no later than December 31, 2020. Fifty-five cities in Oregon will need to comply with these rules by adopting changes to their land use ordinances. Cities who choose not to update their codes can let the model code provisions apply to their cities on July 1, 2021.
The adopted model code provides development and design standards that allow and facilitate the development of duplexes. The administrative rules (OAR Chapter 660, Division 46) apply to medium-sized cities that choose to adopt their own land use regulations for duplexes to ensure they are allowed in compliance with House Bill 2001.
“I am proud to have been part of this historic vote to allow duplexes in formerly single family zones,” said Commissioner Anyeley Hallova. “Before racial segregation through zoning, some neighborhoods had more diverse housing types, with mixed incomes that are part of our beloved neighborhood fabric. As intentional as racially segregating housing policy was, we need to be as equally intentional about providing equitable housing outcomes for all.”
Department of Land Conservation and Development regional representatives and housing team staff stand ready to help local governments implement these rules. House Bill 2001 provided funding for local jurisdictions for implementation. DLCD has awarded assistance to all 28 jurisdictions that have submitted requests.
DLCD staff are continuing to develop model code and administrative rules for large and Portland metropolitan area cities, which in addition to allowing duplexes, must allow triplexes, quadplexes, townhouses and cottage clusters in areas that currently allow single-family detached dwellings.
Staff are also developing administrative rules for Housing Production Strategies, a new planning requirement created by House Bill 2003 in 2019. DLCD will present model code and administrative rules to the commission for a first hearing in September 2020, with anticipated adoption in November.
“As significant as this step was, our immediate next step is the work on rules for Housing Production Strategies across Oregon,” said Commissioner Hallova. “We will need all our state and local agency partners, public and private developers and philanthropic organizations to bring the resources needed to fund affordable housing projects and to create pathways for wealth creation through affordable homeownership.”
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Background
In 2019, the Oregon Legislature passed, and Governor Brown signed into law, House Bill 2001. This bill was passed with the intent to increase housing choice and supply.
HB 2001 requires traditional housing types like duplexes and triplexes to be allowed in all areas zoned for single-family residential development for cities with population above 10,000 and, within the Portland Metro Urban Growth Boundary (UGB), all cities with population greater than 1,000 and urbanized portions of counties.
Non-Metro cities (“medium cities”) between 10,000 and 25,000 population must allow a duplex on all lots or parcels where single-family detached residences are currently allowed by city zoning.
Cities greater than 25,000 population and the affected Portland Metro Area jurisdictions (“large and metro communities”) must, in addition to the duplex requirement noted above, allow triplexes, quadplexes, townhomes, and cottage clusters in areas zoned for single-family residential development.
Additional information on House Bill 2001 is available on the DLCD website: https://www.oregon.gov/lcd/UP/Pages/Housing-Choices.aspx
Information on House Bill 2003 also is available on the DLCD website: https://www.oregon.gov/lcd/UP/Pages/Housing-Needs.aspx
Additional information on the commission and their work is available on the DLCD Commission website: https://www.oregon.gov/lcd/Commission/Pages/index.aspx
