Middle Housing Code Changes | HB 2001
House Bill 2001
The Oregon State Legislature passed a law in June 2019 that is intended to provide more opportunities for a variety of housing types in traditionally single-family neighborhoods, and to increase the overall housing supply in and around cities. No later than June 30, 2022, Eugene must amend the City’s land use regulations to allow:
- A duplex on each lot or parcel:
- That is located within city limits;
- That is zoned for residential use; and
- On which the City’s land use regulations allows the construction of a detached single-family dwelling; and
- Triplexes, quadplexes, cottage clusters, and townhouses in residential zones within the City that allow detached single-family dwellings.
The Department of Land Conservation and Development (DLCD) is drafting and adopting minimum standards for complying with the bill as well as a model code. All rulemaking meetings are virtual and attended by stakeholders around the state and are available to be attended by the public. Visit the DLCD website for meeting information. The City is still evaluating the law, discussing its impacts, and formulating a plan to implement its requirements.
- Read HB 2001
- Visit the DLCD Site
- Fact Sheet: Project Overview
- Fact Sheet: Requirements of HB 2001
- Fact Sheet: The History of Residential Zoning
- Fact Sheet: Market Factors
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Middle Housing Public Engagement
Public engagement will include opportunities for the community to engage in the planning process, information on how individuals and organizations can effectively participate and will be consistent with the City’s Public Participation Guidelines and Statewide Planning Goal 1. Read the Middle Housing Public Involvement Plan. An emphasis will be placed on online methods that comply with current health guidelines and engage a broad spectrum of the community to gather feedback on the design and code concepts, code framework, and hearings-ready code.
Meet the Housing Types
The City of Eugene is partnering with Portland-based nonpartisan, nonprofit, Healthy Democracy, to assemble a Planning Review Panel that is composed of 30 random Eugene community members. The immediate question before the Review Panel is how the City should comply with HB 2001. Eugene has until 2022 to comply with the law, but it’s not quite that simple. The City could comply with it in a number of different ways. The Review Panel is one of several ways that Eugene residents will be able to engage with the City, to advise the technical staff on how they should proceed.
Over nine online meetings on Tuesday, Thursday, and Saturdays in November and December of this year, 2020, the Panel will craft a list of principles, which will help guide the City’s technical staff and consultants in how they write the legal zoning language to comply with HB 2001. Then, in early 2021, the Panel will reconvene to review the City’s work and offer two rounds of final recommendations. At the same time, the Panel will explore how its experience in this process may inform the City’s future public engagement efforts.
Where Middle Housing Can Currently Be Built in Eugene
This information is a high-level summary of where middle housing types can currently be constructed in the base residential zones of our existing Land Use Code. For more information on regulations, visit our searchable, online Land Use Code. To see the zoning of Eugene, visit our searchable Zoning Map.
R-1: Low-Density Residential
R-2: Medium-Density Residential
R-3: Limited High-Density Residential
R-4: High-Density Residential
For examples of Middle Housing in Eugene, check out the Missing Middle Housing Handbook!
Note: To keep this Quick Guide high-level, Special Area Zones are not included, although some Special Area Zones allow Middle Housing. To explore those areas, visit the online Land Use Code.
Accessory Dwelling Units (ADU)
Per Senate Bill 1051, ADUs can be built on every lot that currently hosts a primary single-family detached dwelling. ADUs have size and siting restrictions and can not be located on alley access lots. They can be found in R-1, R-2, R-3, and R-4 zones.
Duplexes can be built only on corner lots in areas zoned R-1 and on all lots in R-2, R-3, and R-4. New duplexes can not be constructed in the city recognized boundaries of Amazon Neighbors, Fairmount Neighbors, and South University Neighborhood Association.
Triplexes can be built in some places in R-1 zones and are subject to special development standards in R-2, R-3, and R-4 zones. New triplexes can not be constructed in the city recognized boundaries of Amazon Neighbors, Fairmount Neighbors, and South University Neighborhood Association.
Fourplexes can be built in some places in R-1 zones and are subject to special development standards in R-2, R-3, and R-4 zones. New fourplexes can not be constructed in the city recognized boundaries of Amazon Neighbors, Fairmount Neighbors, and South University Neighborhood Association.
Cottage Clusters are not outright permitted in the City and can be constructed only through the Planned Unit Development (PUD) or Cluster Subdivision (CS) process.
Rowhouses can be built in some places in R-1 zones and are subject to special development standards in the R-1.5, R-2, R-3, and R-4 zones. New fourplexes can not be constructed in the city recognized boundaries of Amazon Neighbors, Fairmount Neighbors, and South University Neighborhood Association.
The Complicated History of Residential Zoning
To move forward, we must first look back and acknowledge actions in the past that have harmed and excluded members of our community. Residential Zoning has a complex history that resulted in exclusion of low-income, black, indigenous, and people of color from certain neighborhoods. In Oregon this history was especially harmful with direct exclusion of non-white people from the state from 1844 until 1926*. Although those exclusions are illegal today, their negative impacts are still affecting our community through the legacy of exclusionary zoning. Housing policy and code changes are an opportunity to mitigate those.
*After the passage of the 14th amendment in 1866, this law was rendered moot, however, remained in the Oregon Constitution.
Resources to Learn More
In The Color of Law, author Richard Rothstein tells how early zoning ordinances specifically banned blacks from certain zones. The Supreme Court outlawed that in 1917, but in many cities, Rothstein writes, “To prevent lower-income African Americans from living in neighborhoods where middle-class whites resided, local and federal officials began … to promote zoning ordinances to reserve middle-class neighborhoods for single-family homes that lower-income families of all races could not afford.” View the videos below and borrow The Color of Law from the Eugene Public Library for more context about the history of zoning.
Segregated by Design (video, ~18 mins)
Watch The Color of Law author Richard Rothstein deliver a rapid-fire primer on exclusionary zoning and racist federal policies.
Zoning Matters: How Land-Use Policies Shape Our Lives video (video, ~3 mins)
Watch the video from the Urban Institute below to learn how zoning affects communities.
Healthy Democracy Panel #6- November 24, 2020, 6-8:30pm (watch live)
Healthy Democracy Panel #7- December 1, 2020, 6-8:30pm (watch live)
Healthy Democracy Steering Committee- December 3, 2020, 1-2pm (link to watch will be posted when available)
Healthy Democracy Panel #8- December 3, 2020, 6-8:30pm (watch live)
Healthy Democracy Panel #6- December 5, 2020, 9:30am-12pm (watch live)
Equity Roundtable- December 8, 2020, 5:30-7:30pm
Healthy Democracy Steering Committee- December 10, 2020, 1-2pm (link to watch will be posted when available)
City of Eugene Planning Commission- December 14, 2020
Healthy Democracy Panel #5- November 21, 2020 (watch video)
Equity Roundtable - November 19, 2020 (summary coming soon)
Healthy Democracy Steering Committee- November 19, 2020 (video coming soon)
Healthy Democracy Panel #4- November 17, 2020 (watch video)
Healthy Democracy Panel #3- November 14, 2020 (watch video)
Healthy Democracy Panel #2- November 12, 2020 (watch video)
Healthy Democracy Steering Committee- November 12, 2020 (watch video)
Healthy Democracy Panel #1- November 10, 2020, 6-8:30pm (watch video)
Healthy Democracy Steering Committee- November 5, 2020 (watch video)
Local Partners Roundtable- October 29, 2020 (watch video)
Healthy Democracy Steering Committee- October 29, 2020 (watch video)
Boards and Commissions Roundtable- October 28, 2020 (watch video)
Healthy Democracy Steering Committee- October 22, 2020 (watch video)
Eugene Planning Commission- August 11, 2020 (watch video)
Eugene City Council- July 22, 2020 (watch video)
Eugene Planning Commission- June 22, 2020 (watch video)