Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 39 - AFFORDABLE HOUSING PILOT PROJECT
Section 660-039-0060 - Measures to Accommodate and Encourage Needed and Affordable Housing within Existing Urban Growth Boundary

Universal Citation: OR Admin Rules 660-039-0060

Current through Register Vol. 63, No. 9, September 1, 2024

(1) A qualifying city submitting a pilot project nomination must demonstrate that its acknowledged comprehensive plan, acknowledged development code, or other relevant adopted city codes or other governing documents include:

(a) Affordable housing measures from the list in subsection (3)(a) equaling at least three points; and

(b) Affordable housing measures from the list in subsection (3)(a) or needed housing measures from the list in subsection (3)(b) equaling at least twelve points combined.

(2) For up to six of the twelve points required under subsection (1)(b), the qualifying city may demonstrate that its acknowledged comprehensive plan, acknowledged development code, or other relevant adopted city codes or other governing documents include an alternative housing measure not on the list of measures in section (3) that the qualifying city demonstrates, with appropriate findings, have a positive effect upon needed or affordable housing equal to or greater than an equivalent measure in section (3).

(3) A qualifying city may satisfy section (1) through adoption of the following measures, or alternative measures pursuant to section (2), to accommodate and encourage the development of needed housing and affordable housing within its existing urban growth boundary:

(a) Affordable housing measures
(A) Density bonus for affordable housing (three points maximum):
(i) Three points if code has a density bonus provision for affordable housing of at least 20 percent with no additional development review standards than required for development applications that do not include a density bonus, with reservation of affordable housing units for at least 50 years; or

(ii) One point if code has a density bonus provision for affordable housing of at least 20 percent, with additional development review standards required for development applications that do not include a density bonus.

(B) Systems development charges (three points maximum):
(i) Three points for code provisions that eliminate systems development charges for affordable housing units described in subparagraph (3)(a)(A)(i), or reduce systems development charges for such units by at least 75 percent when compared to similar units that are not reserved for affordable housing; or

(ii) One point for code provisions deferring systems development charges for affordable housing units described in subparagraph (3)(a)(A)(i), to the date of occupancy of the housing unit.

(C) Property tax exemptions (Nine points maximum):
(i) Three points for code provision authorizing property tax exemptions under ORS 307.515 to 307.535 for low income housing development, under criteria in both ORS 307.517 and 307.518, with no additional development review standards;

(ii) Three points for code provisions authorizing property tax exemptions under ORS 307.540 to 307.548 for non-profit corporation low-income housing development, with no additional development review standards; and

(iii) Three points for code provision authorizing property tax exemptions under ORS 307.600 to 307.637 for multiple unit housing, with no additional restrictions on location of such housing in addition to those contained within ORS 307.600 to 307.637, and with required benefits pursuant to ORS 307.618 that are clear and objective and do not have the effect of discouraging the use of the property tax exemption through imposition of unreasonable cost or delay.

(D) Other property tax exemptions or assessment freezes (two points maximum):
(i) One point for code provision authorizing property tax exemptions for ORS 307.651 to 307.687 - single-unit housing in distressed areas - with clear and objective design standards that do not have the effect of discouraging use of the property tax exemption through unreasonable cost or delay; and

(ii) One point for code provision authorizing property tax freezes under ORS 308.450 to 308.481 - rehabilitated residential property - if the boundaries of the distressed area consist of at least 10 percent of the qualifying city's total land area, and clear and objective standards that do not have the effect of discouraging use of the program through unreasonable cost and delay.

(E) Inclusionary Zoning: Three points for code provision imposing inclusionary zoning requirements consistent with the provisions of ORS 197.309.

(F) Construction Excise Tax: Three points for code provision imposing construction taxes consistent with the provisions of Oregon Laws 2016, chapter 59, sections 8 and 9.

(b) Needed Housing Measures
(A) Accessory dwelling units (three points maximum):
(i) Three points for allowing accessory dwelling units in any zoning district that allows detached single family housing units, with no off-street parking requirement, any structure type allowed, allowing owner to live in either the primary or accessory dwelling unit, with no systems development charges for water, sewer, or transportation, and with clear and objective review standards; or

(ii) One point for allowing accessory dwelling units, but one or more of the attributes in subparagraph (3)(b)(A)(i) missing.

(B) Minimum density standard (three points maximum):
(i) Three points if all residential zoning districts have a minimum density standard of at least 70 percent of the maximum density allowed, with optional exemptions for lands that do not qualify as buildable lands under OAR 660-008-0005(2) and lands that are being partitioned as defined by ORS 92.010(7); or

(ii) One point if all residential zoning districts have a minimum density standard of at least 50 percent of maximum density allowed, with optional exemptions for lands that do not qualify as buildable lands under OAR 660-008-0005(2) and lands that are being partitioned as defined by ORS 92.010(7).

(C) Limitations on low density housing types (five points maximum):
(i) Three points for code provision that allows no more than 25 percent of residences in medium density residential zoning districts to be detached single family housing units, unless the detached single family housing unit is on a lot less than or equal to 3,000 square feet, with exemptions for lands that are being partitioned as defined by ORS 92.010(7);

(ii) One point for code provision that prohibits detached single family housing units in high density residential zoning districts; and

(iii) One point for code provision establishing maximum lot size for detached single family housing units in medium and high density residential zoning districts as less than or equal to 5,000 square feet.

(D) Off-street parking requirements for multiple family housing with four or more units (three points maximum):
(i) Three points if off-street parking requirement is no more than one space per housing unit in multiple family housing developments of four or more units, and no more than 0.75 spaces per housing unit in multiple family housing developments of four or more units within one-quarter mile of transit service with weekday peak hour service headway of 20 minutes or less; or

(ii) One point if off-street parking requirement is no more than one space per housing unit in multiple family housing developments of four or more units, without additional reductions in subparagraph (3)(b)(D)(i).

(E) Off-street parking requirements for single family housing, duplexes, and triplexes (one point maximum): One point if off-street parking requirement for detached single family housing units, attached single family housing units, duplexes, and triplexes is no more than one space per housing unit.

(F) Amount of land in high density residential zoning districts (three points maximum):
(i) Three points if at least 15 percent of all residentially-zoned land in the qualifying city is zoned for high density residential development; or

(ii) One point if at least eight percent of all residentially-zoned land in the qualifying city is zoned for high density residential development.

(G) Duplexes in low density residential zoning districts (three points maximum):
(i) Three points if duplexes are allowed in low density residential zoning districts on any lot with no additional development review standards than required for detached single family dwellings; or

(ii) One point if duplexes are allowed on corner lots in low density residential zoning districts with no additional development review standards than required for detached single family housing units.

(H) Attached single-family residential housing units in low density residential zoning districts (one point maximum): One point if attached single-family residential housing units are allowed in low density residential zoning districts, with attached single-family residential lots having a minimum lot size no greater than 5,000 square feet.

(I) Residential street standards (three points maximum): Three points for allowance of local residential street pavement minimum widths of 28 feet or less with parking on both sides, 24 feet or less with parking on one side, or 20 feet or less with no parking.

(J) Mixed-use housing (three points maximum): Three points if at least 50 percent of land within commercial zoning districts in the qualifying city permits residential development with off-street parking requirement no greater than one space per housing unit and provisions for additional parking reductions for shared commercial and residential uses and in areas with approved parking management districts.

(K) Low density residential flexible lot sizes (one point maximum): One point if minimum lot size in low density residential zoning districts is at least 25 percent less than the minimum lot size that would correspond to the maximum density allowed in that zoning district.

(L) Cottage housing provisions (one point maximum): One point if development code has cottage housing code provision authorizing development at a maximum of at least 12 housing units per acre.

(M) Vertical housing provisions (one point maximum): One point if the Housing and Community Services Department has approved a vertical housing development zone under ORS 307.841 to 307.867 for the qualifying city;

(4) For the purposes of this rule:

(a) "High density residential zoning district" means a zoning district that allows a maximum residential density of 16 housing units per acre or more;

(b) "Low density residential zoning district" means a zoning district that allows a maximum residential density of eight housing units per acre or less; and

(c) "Medium density residential zoning district" means a zoning district that allows a maximum residential density greater than eight housing units per acre and less than 16 housing units per acre.

Stat. Auth.: ORS 197.040, OL 2016, Ch. 52

Stats. Implemented: OL 2016, Ch. 52

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