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(1) Purpose and Applicability. The purpose of this section is to adopt standards from 2021 Oregon Senate Bill 8, amending ORS 197.830, 197.850, 215.441, and 227.500. This legislation requires local governments to allow the development of eligible affordable housing without requiring a zone change or conditional use permit, effectively reducing barriers for the development of affordable housing within the urban growth boundary.

In this section, eligible affordable housing includes residential dwellings in which each unit on the property is made available to own or rent to families with incomes of 80 percent of the area median income; or where the average of all units on the property is made available to families with incomes of 60 percent or less of the area median income; and whose affordability is enforceable, including as described in ORS 456.270 through 456.295, for a duration of no less than 30 years.

Where a project seeks to develop affordable housing that meets this definition, the following standards shall apply:

(a) No zone change or conditional use permit is required for affordable housing within the urban growth boundary, if the property is zoned:

(i) For commercial uses;

(ii) To allow religious assembly; or

(iii) As public lands; or

(iv) For industrial uses, only if the property is:

(A) Publicly owned; and

(B) Adjacent to lands zoned for residential uses or schools; and

(C) Is not specifically designated for heavy industrial uses.

Table 10.180A-1. Eligible Affordable Housing

SFR

MFR

C-N

C-S/P

C-C

C-R

C-H

I-L

I-G

I-H

P**

P**

P

P

P

P

P

P*

P*

X

*Eligible affordable housing may only develop in light and general industrial zones if the property is publicly owned and adjacent to lands zoned for residential uses or schools.

**Eligible affordable housing in a residential zone is allowed an outright density bonus.

(b) This does not apply where:

(i) Development on the property cannot be adequately served by water, sewer, stormwater drainage or street, or will not be adequately served at the time the development on the lot is complete.

(ii) The property is on a slope of 25 percent or greater;

(iii) The property is within a 100-year floodplain; or

(iv) The development of the property is constrained by land use regulations based on statewide land use planning goals related to natural disasters and hazards, or natural resources including air, water, land, or natural areas, but not including open spaces or historic resources.

(v) Where the outright density bonus conflicts with a health, safety or habitability issue, including fire safety, or to comply with a protective measure adopted pursuant to a statewide land use planning goal, the local government may reduce the density or height bonus allowed in subsection (1)(c) of this section. The local government must adopt findings supported by substantial evidence demonstrating the necessity of this reduction.

(c) The following height and density bonuses may apply to any affordable housing development meeting the criteria in this chapter, and that is located within a residential zone:

SUBJECT ZONING

DENSITY BONUS

VERTICAL BUILDING BONUS

NEW MAX. UNIT DENSITY

SFR-2

200% of existing density

12 additional feet

4 units per acre

SFR-4

8 units per acre

SFR-6

12 units per acre

SFR-10

20 units per acre

MFR-15

30 units per acre

MFR-20

150% of existing density

24 additional feet

30 units per acre

MFR-30

45 units per acre

Note: Where MFR is within 150 feet of SFR, building height restrictions (Section 10.710) are not applicable to eligible affordable housing projects.

(d) Where an affordable housing project seeks approval to develop and meets the criteria described in Section 10.200 and this section, and is less than three gross acres, approval shall be a Type II procedural type. Where an affordable housing project seeks approval to develop and meets the criteria described in Section 10.200 and this section, and is more than three gross acres, approval shall be a Type III procedural type.

(e) As a condition of approval, any development benefiting from this section shall be subject to a property covenant ensuring affordability for a duration of no less than 30 years, and which outlines monitoring and compliance requirements.

(f) Appeals shall follow the procedure outlined in Section 10.140.

[Added Sec. 3, Ord. No. 2022-73, Jul. 7, 2022.]