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Keeping Up with State Law

Several recent Oregon laws require updates to the County’s CDC. State law requires clear and objective standards for housing development, and recent legislation adds specific new requirements with defined deadlines. 

Our work here has already begun.

Already Complies

Restrictions on Density or Height as Condition of Approval
Counties cannot reduce the number of housing units or building height as a condition of approval unless needed to address a health, safety, or habitability issue. 

Occupancy Limit Based on Familial Relationship 
Counties cannot limit how many people can live in a home based on whether they are related to each other. 

Accessory Dwelling Units (Urban Area) 
Counties must allow at least one ADU on each single-detached lot without requiring the owner to live in either unit or provide extra parking. 


In Progress

Middle Housing 
Counties in the Portland metro area must allow duplexes on every single-detached lot and allow middle housing (like townhomes and small apartment buildings) in residential areas. Rules cannot make middle housing unreasonably costly or slow to build. 

Middle Housing Land Divisions 
When middle housing is built (like townhomes), counties must allow owners to divide the property to create separate lots for each unit through a faster approval process. Counties cannot require separate driveways, parking, or street frontage for each lot. 

Manufactured Homes and Prefabricated Structures 
Counties must allow manufactured homes in single-detached residential zones within urban growth boundaries (UGBs). Design standards cannot be stricter than those for traditional single-detatched homes. 

Single Room Occupancies (SRO) 
Counties must allow SRO housing (where residents have private rooms but share kitchens or bathrooms) in areas zoned for single-detached homes, with at least 4 units and density consistent with higher-density residential zones.

Affordable Housing: Redevelopment of Commercial Land 
Counties must allow affordable housing on commercial land if all units are affordable to households earning 60% or less of area median income, or if it's a mixed-use building with ground-floor commercial and units affordable to moderate-income households (80–120% of area median income). 

Affordable Housing: Density and Height Bonus 
Counties must provide density and height bonuses for affordable housing projects (where 100% of units are affordable to households earning 80% or less of area median income). Bonuses must allow at least 50% more units and at least 20 additional feet of height. 

Planned

Occupancy of Recreational Vehicles (RV) 
Counties must allow people to live in RVs in RV parks and manufactured home parks with no time limit, as long as they're connected to water, electricity, and sewer. 

Manufactured Home Parks 
Counties must allow manufactured home parks on enough land to meet identified housing needs in areas zoned for 6–12 units per acre. Counties must also allow prefabricated structures (like tiny homes) in these parks and cannot require parks to be larger than one acre. 

Residential Homes and Residential Facilities 
Counties must allow small residential care homes (serving 5 or fewer people) in any area where single-detached homes are allowed, with the same standards as single-detached homes. Counties must allow larger residential care facilities (serving 6–15 people) in any area where multi-unit housing is allowed, with the same approval process. 

Opting-In to Affordable Housing Regulations 
Counties must let applicants choose to use newer, more favorable housing standards adopted after they submitted their application, without having to withdraw and resubmit. 

Affordable Housing: General Siting Allowances 
Counties must allow affordable housing (where all units are affordable to households earning 80% or less of area median income) on publicly owned land, land zoned for commercial or religious use, or when converting existing commercial buildings, without requiring a zone change or special permit. 

Clear and Objective Standards for Housing 
Local governments must adopt clear and objective standards, conditions, and procedures when regulating the development of housing, including needed housing, on land within a UGB. Outside the UGB, clear and objective standards are required for rural residential districts and farmworker housing.