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House Bill 2001 (HB 2001) is a 2019 Oregon law that expands housing choices. Oregon Administrative Rules (rules) direct local development of standards to meet the law.
The law and its rules require large cities and counties with land in the Metro Urban Growth Boundary (UGB), including the City of Beaverton, to allow more middle housing – duplexes, triplexes, fourplexes, cottage clusters and townhouses – in certain areas.
This is called middle housing because it offers more living units than a single-detached house, but fewer than a typical apartment building.
Beaverton must update our land use regulations to comply with HB 2001 by June 30, 2022.
Cities with populations of 1,000 or more and Washington, Multnomah and Clackamas counties are affected. Each jurisdiction will develop its own regulations while following HB 2001 rules.
HB2001 applies to lots or areas zoned for residential use that allows for the development of single-detached homes. In Beaverton, this includes R1, R2, R4, R5, R7 and R10 zones.
View city zoning for your neighborhood: gis.beavertonoregon.gov/BeavertonSearch
Land not in a residential district, like commercial, industrial or public land, is not affected. Land outside the UGB isn't affected, either.
In short, the law says cities must allow:
Currently, many residential areas in Oregon only allow the construction of new single-detached homes. The legislature passed this law to address problems with the housing market, including the following that exist in Beaverton:
As part of the formal adoption process, staff will recommend changes to the Comprehensive Plan and Development Code at public hearings before the Planning Commission and City Council. Staff bases recommendations on research, consultation with the Oregon Department of Land Conservation and Development (DLCD) and public engagement. The Planning Commission also makes recommendations to City Council, who ultimately makes the final decision.
We can have rules for building size, building location on the lot, and building design.
We can’t develop rules that only allow housing variety in some residential neighborhoods and not others. We can’t allow single-detached homes and no other housing types.
We can’t create rules that cause unreasonable cost or delay for additional housing types.
We can’t require more than one parking space per unit for multifamily housing.
Yes. HB 2001 doesn’t affect where detached homes can be built. It requires, in all residential districts where we allow single-detached homes, that we also allow more middle housing of all types discussed above.
No. Property owners will have to make decisions about whether they build additional housing on their property. A Master Plan approach used in Cooper Mountain could possibly include requirements for building middle housing.
Middle housing is not new. These housing types were common in neighborhoods built before World War II. We still see them in many thriving historic districts and older neighborhoods.
Expanding opportunities for middle housing in newer neighborhoods – where detached houses might currently be the only housing type available – is a recent concept. In 2019, Minneapolis was the first city to adopt a policy to boost middle housing potential in all residential zones city-wide. Several Oregon cities, including Bend and Portland, adopted similar policies.
In 2019, Oregon became the first state to require cities and counties to expand middle housing opportunities.
Per HB 2001 CC&Rs adopted or amended Aug. 8, 2019, or later, that would allow a detached house on a lot but prohibit middle housing, are void and unenforceable. CC&Rs that existed before that date are not affected.
To find out if a property has CC&Rs or other restrictions, check the title report, contact a title company or realtor or check local recording office documents. The City of Beaverton does not monitor, track, or enforce CC&Rs or other private agreements.
HB 2001 requirements are now Oregon law. Changes to language of HB 2001 can only be made by the Oregon Legislature. The City of Beaverton must comply with HB 2001 and its rules by June 30, 2022, or the state model code will automatically apply to us.
However, we know people will have questions and concerns about how we'll propose to comply. We want to hear what you think – please reach out. We will explain where the state allows us to control our choices, and how much it limits those, in our development of new middle housing standards.