What is changing with the Code and why?
In response to a wave of Oregon state legislation aimed at addressing the housing shortage, all cities and counties are required to amend their local development code to comply with new state laws. These legislative changes are designed to make it easier and faster to build more types of housing — middle housing and single-room occupancies (SROs) — across cities and counties, particularly in neighborhoods that were previously limited to single-family homes. Additionally, local governments are now limited in the criteria they can apply to residential development to avoid imposing restrictions that reduce housing density and are required to streamline residential land use review processes.
The update process for Hermiston involves allowing additional housing types in residential zones, implementing or revising development standards for various housing types, and updating applicable review procedures to most residential-related land use applications. To comply, the Hermiston Municipal Code, and possibly the Hermiston Comprehensive Plan, will be updated to directly implement legislative changes to housing-related land use legislation.
Why are we going for large city requirements?
The City of Hermiston is growing faster than both Umatilla County and the state overall, and is rapidly approaching a population of 25,000 — the threshold at which state housing regulations (OAR 660-046) classify a city as “large” and impose additional requirements for housing types and development standards. To avoid a second round of code amendments once that threshold is crossed, it is recommended that the Municipal Code be updated now to proactively address those requirements.
MIDDLE HOUSING
Middle Housing consists of duplexes, triplexes, quadplexes, cottage clusters, or townhouses (ORS 197A definition) and must be allowed anywhere a single-family home is permitted. For Hermiston, all residential zones (R-1, R-2, R-3, R-4, and R-R) need to be amended to allow all middle housing types. Middle housing will also have some limitations on the types of standards which are applicable, and the code will be updated to reflect these limitations.
Middle Housing Types
See below for a more detailed description of each middle housing type, as well as some example developments within each category. These examples illustrate the variety of choice, affordability, and design that can come with middle housing development. They also demonstrate that these “new” types of housing have been, in reality, around for a long time and already exist in most cities, including Hermiston! What’s changing is that these housing types will now be explicitly allowed in all residential zones.
Middle Housing Types must be allowed in a variety of configurations, such as stacked units upstairs and downstairs, side-by-side units similar to a townhouse, or units with mixed orientations to maximize lot access and use. Additionally, any middle housing development may also propose “bonus” units if affordable or accessible housing meeting the required criteria are included in the proposal.
Hermiston will implement development standards based on the DLCD Large Cities Middle Housing Model Code, which provides guidance on which standards may be applied to middle housing and which may not.
Source: Model Code
Source: Model Code
Middle Housing Land Divisions (MHLD)
Legislative changes also require that middle housing land divisions be allowed to happen via an expedited process, and can be processed at the same time as a subdivision application.
MHLDs provide a simplified and expedited process for subdividing or partitioning lots with middle housing so that each unit is on a separate property, enabling individual sale and ownership.
BEYOND MIDDLE HOUSING TYPES
In addition to middle housing types, state legislative changes also reduce barriers for ADUs, single-room occupancies, multi-unit (i.e. apartments), and all residential development.
ADUs must be allowed in attached or detached configurations, and can also be located in an existing accessory structure (such as above a garage).
Where multi-unit dwellings are allowed is mostly unchanged by the state law changes. However, all residential development must be made under standards that are “clear and objective.” These are standards that are written in plain, specific, and measurable terms. To address this, Hermiston will allow multi-unit development in the R-2 zone.
Hermiston will also implement development standards for multi-unit development in accordance with the DLCD Large Cities Middle Housing Model Code.
Single-room occupancies are developments with at least four privately lockable rooms for rent, each used for living and sleeping, where residents share bathrooms and/or kitchen facilities. This could look like a building layout similar to a college dorm, a house that rents out rooms individually, or a hotel converted for residential use
Commercial land may be used for affordable residential development subject to an affordable housing covenant (ORS 456.270 to 456.295)
OTHER CODE UPDATES
Apart from allowing middle housing and streamlining associated review processes, this code update also addresses the following changes to state law:
Manufactured Housing
Manufactured Housing cannot have any standards that would not apply to a traditional “site-built” home.
Statutory Procedures
Statutory Procedures are being updated in a number of ways:
- A number of residential application types are required to be reviewed as a “limited land use decision” or similar administrative review. Generally, no hearing is required for the initial decision, and the radius of public notice is limited to 100 feet. These include:
- Tentative Subdivisions or Partitions
- Replats
- Lot Line Adjustments
- Expansion, Extension, or Alterations of Non-Conforming Uses
- Residential Variances
- Planned Unit Developments
- Residential Upzoning
- Applications for Residential Development Under Clear and Objective Standards
- Hermiston must allow a subset of adjustments to residential applications when criteria are met.
- Applicants can opt into updated standards after their review has begun, but their timeline will be reset.
Family Child Care Homes
Family Child Care Homes are child care facilities within a residence. They are treated as a residential use and permitted in all residential zones.
Clear and Objective Standards
Clear and Objective standards are required for all residential development. A general review of the code has identified a number of mostly minor changes to ensure a clear and objective path for housing applications.
Child Care Centers
Child Care Centers may be located alongside institutional uses in residential zones and are also allowed in multi-unit residential, commercial, and light industrial zones.
Emergency Shelter Siting
Revised Emergency Shelter Siting code standards.
TIMELINE
