(2) A city or county shall approve a tentative plan for a middle housing land division if the application includes:
(a) A proposal for development of middle housing in compliance with the Oregon residential specialty code and land use regulations applicable to the original lot or parcel allowed under ORS 197.758 (5);
(b) Separate utilities for each dwelling unit;
(c) Proposed easements necessary for each dwelling unit on the plan for:
(A) Locating, accessing, replacing and servicing all utilities;
(B) Pedestrian access from each dwelling unit to a private or public road;
(C) Any common use areas or shared building elements;
(D) Any dedicated driveways or parking; and
(E) Any dedicated common area;
(d) Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas; and
(e) Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon residential specialty code.
(3) A city or county may add conditions to the approval of a tentative plan for a middle housing land division to:
(a) Prohibit the further division of the resulting lots or parcels.
(b) Require that a notation appear on the final plat indicating that the approval was given under this section.
(4) In reviewing an application for a middle housing land division, a city or county:
(a) Shall apply the procedures under ORS 197.360 to 197.380.
(b) May require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197.758.
(c) May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.
(d) May not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 or 92.046 that are inconsistent with this section or ORS 197.360 to 197.380.
(e) May allow the submission of an application for a middle housing land division at the same time as the submission of an application for building permits for the middle housing.
(f) May require the dedication of right of way if the original parcel did not previously provide a dedication.
(5) The type of middle housing developed on the original parcel is not altered by a middle housing land division.
(6) Notwithstanding ORS 197.312 (5), a city or county is not required to allow an accessory dwelling unit on a lot or parcel resulting from a middle housing land division.
(7) The tentative approval of a middle housing land division is void if and only if a final subdivision or partition plat is not approved within three years of the tentative approval. Nothing in this section or ORS 197.360 to 197.380 prohibits a city or county from requiring a final plat before issuing building permits. [2021 c.103 §2]
Note: Section 2a, chapter 103, Oregon Laws 2021, provides:
Sec. 2a. Section 2 of this 2021 Act [92.031] applies only to a middle housing land division permitted on or after July 1, 2022. [2021 c.103 §2a]
Note: 92.031 was added to and made a part of 92.010 to 92.192 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.