1. (1) Additions to, or conversions of, an existing detached single-family dwelling into Middle Housing is allowed in a Large City pursuant to OAR 660-046-0205(2), provided that the addition or conversion does not increase nonconformance with applicable clear and objective standards, unless increasing nonconformance is otherwise permitted by the Large City’s development code.
2. (2) If Middle Housing is created through the addition to, or conversion of, an existing detached single-family dwelling, a Large City or other utility service provider that grants clear and objective exceptions to public works standards to detached single-family dwelling development must allow the granting of the same exceptions to Middle Housing.

3. (3) An existing detached single-family dwelling may remain on a Lot or Parcel with a Cottage Cluster as described below:

   1. (a) The existing single-family dwelling may be nonconforming with respect to the requirements of the applicable code;
   2. (b) The existing single-family dwelling may be expanded up to the maximum height, footprint, or unit size required by the applicable code; however, an existing single-family dwelling that exceeds the maximum height, footprint, or unit size of the applicable code may not be expanded;
   3. (c) The existing single-family dwelling shall count as a unit in the Cottage Cluster;
   4. (d) The floor area of the existing single-family dwelling shall not count towards any Cottage Cluster average or Cottage Cluster project average or total unit size limits; and
   5. (e) A Large City may apply a time limit on the conversion of a single-family dwelling to a Cottage Cluster not to exceed five years.

Statutory/Other Authority

ORS 197.040

Statutes/Other Implemented

ORS 197.758

History

LCDD 18-2020, adopt filed 12/29/2020, effective 12/31/2020