Local zoning and land use regulations are often complicated, involving lengthy definitions and subtle variations. These complexities can be compounded by state laws that impact or even supersede local regulations. HB2001(2019) is one of those situations.

Of many stipulations set forth in the bill, approved by the Oregon Legislature in 2019, cities in the Portland Metro region with a population of more than 25,000 are required to allow middle housing on any parcel of land that a single family residential unit is allowed. That means now a duplex, triplex or fourplex, among other options, must be allowed where once only a single-family home may have been permitted. Other uses that must be permitted include cottage clusters and townhouses.

All of these types of structures are known as “middle housing.” These options beyond the traditional detached single-family home are viewed by many as a key component of the plan to solve the housing crisis by adding affordable options to the limited housing supply.  

While recent conversations have been bringing new focus to middle housing, these options have been around for a long time and already exist in most cities, but zoning laws prevented these structures in many neighborhoods. This limitation of the types of housing allowed in residential zones contributed to increased housing costs and fewer options for renters and buyers alike.

House Bill 2001 required updates to local codes as a way to address increased housing costs, changing households and systemic injustices.  

Cities do have some flexibility to enforce various requirements to these structures. These include the ability to ensure infrastructure in an area can accommodate middle housing, and enforcing simple siting and design requirements are met, such as setbacks or how far from roads and property lines a structure must be.

Residents and property owners still have the choice to build traditional single-family homes. The state’s requirements also mean communities like Oregon City must also allow residents these additional options to meet the housing needs of a more diverse array of people and households.

On Sept. 6, 2023, the City Commission of Oregon City passed a Fair Housing Resolution stating their broad support for affordable housing and specifically their support for the federal Fair Housing Amendments Act of 1988. If you would like resource information regarding access to affordable housing in Clackamas County, please contact the Clackamas County Housing Authority (https://www.clackamas.us/housingauthority) at 503-655-8267.

More information can be found on the city’s website.