Middle Housing Code Amendments
LAND DEVELOPMENT AND COMPREHENSIVE PLAN AMENDMENTS ASSOCIATED WITH IMPLEMENTATION OF HOUSE BILL 2001 AND SENATE BILL 458.
The Oregon Legislature passed House Bill 2001 and Senate Bill 458 to help increase the supply of housing, particularly more affordable housing options. As required by this state law, Happy Valley updated the City’s Land Development Code and Comprehensive Plan to comply. The amendments generally allow residential property owners the option to construct a townhome, duplex, triplex, quadplex, or cottage cluster rather than a detached single-family dwelling in all residential areas (HB 2001) and reduce barriers for the units to be purchased individually (SB 458). Proposed Comprehensive Plan amendments update housing policies. The changes will be effective on June 16, 2022. New application forms for each of the housing types may be found here starting on June 1st.
House Bill 2001 Implementation
Alongside other cities in the State, the City of Happy Valley was required to allow property owners in all residential areas the option to construct a townhome, duplex, triplex, quadplex, or cottage cluster, known as middle housing. Previously, these types of developments were only allowed in multi-family residential zones, while single-family areas were reserved for detached houses.
The changes are intended to provide community members more opportunities for housing that better fit their needs in the neighborhoods they love. Though it is expected that detached single-family homes will remain the dominant housing type in most neighborhoods, the State expects the expanded housing options to gradually increase the housing supply up to 3% over time.
The City of Happy Valley implemented the legislation with some extra requirements,. Though House Bill 2001 and Senate Bill 458 limit the City’s ability to mandate certain design features or site requirements, the City’s amendments include additional design requirements so the expanded housing options complement the community and maintain Happy Valley’s small-town feel.
The following zoning designations are affected: R-40, R-20, R-15, R-10, R-8.5, R-7, R-5, SFA, VTH, MUR-S, & MUR-A. Check your zoning at https://happyvalley.maps.arcgis.com/apps/webappviewer/index.html?id=1043b407912e4e4c94890813846da69b.
Images courtesy of Clackamas County
SENATE BILL 458
Senate Bill 458 required Happy Valley to allow property owners to subdivide middle housing units (a triplex, quadplex, or cottage housing) so that the dwellings may be individually sold or owned with the land below them. The units may not be stacked on each other, and each lot may only contain a single dwelling. The City will also require frontage improvements and dedication as feasible.
COMPREHENSIVE PLAN AMENDMENTS
As a long-term policy guiding document for the City, amendments to the Comprehensive Plan distinguish multi-family housing from middle housing and incorporate housing policies supporting a wider range of housing options and affordability per the recommendations within the Housing Needs Analysis.
Refer to House Bill 2001, Senate Bill 458 and the proposed amendments for detailed information. The changes will be effective on June 16, 2022. New application forms for each of the housing types may be found here starting on June 1st.
- Land Development Code with Changes Incorporated – Effective June 16, 2022
- LDC 16.1 Introductions
LDC 16.2 Land Use Districts
LDC 16.3 Specific Area Plan Districts and Overlay Zones
LDC 16.4 Community Design Standards
LDC 16.5 Public Facilities
LDC 16.6 Administration of Land Use and Development
LDC 16.7 Exceptions to Code Standards
LDC 16.12 Definitions
LDC Appendix A: Happy Valley Plant List
- General Summary of Proposed Amendments
- Detailed Summary of Proposed Amendments
- Amendments: HB 2001 and Comprehensive Plan Amendments – Effective June 16, 2022
- Amendments: SB 458 – Effective June 16, 2022
Comprehensive Plan Amendments
- HB 2001: Enrolled Text
- HB 2001: DLCD Frequently Asked Questions
- SB 458: Enrolled Text
- SB 458: DLCD Frequently Asked Questions