18.5.3.140 Middle Housing Land Divisions (MHLD)

A. Purpose. The middle housing land divisions (MHLD) process seeks to provide home ownership opportunities by allowing lots with middle housing to be divided so that each middle housing dwelling unit is on its own lot. As used in this section, a “middle housing land division” is the division of a lot or parcel on which the development of middle housing is allowed under ORS 197.758(3). For cities with populations of between 10,000 and 25,000 such as Ashland, the middle housing types allowed under ORS 197.758(3) is limited to duplexes. A middle housing land division includes both a preliminary plat approval and a final plat and is not considered a land use decision or a limited land use decision under ORS 197.015.

1. Lots in residential zones including R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones containing duplexes permitted on or after July 1, 2022, may be divided using the middle housing land division process outlined in this section.

2. The middle housing land divisions process in this section shall be used unless the applicant requests to use the standard partition procedures in section 18.5.3.030.

3. The middle housing land divisions process in this section may not be used to create separate lots for accessory residential units.

1. Approval Criteria. The Staff Advisor shall approve a middle housing land division preliminary plat upon finding:

a. The parent parcel is developed with middle housing allowed under ORS 197.758(3) or the application for a middle housing land division is being made concurrently with a building permit application for construction of middle housing under ORS 197.758(3) on the parcel.

b. Each resulting middle housing lot or parcel shall contain no more than one middle housing dwelling unit except for lots, parcels, or tracts proposed as common area.

c. Accessory residential units (ARU) are not permitted on middle housing lots or parcels created under this section.

d. Each lot is served with its own separate utilities.

e. All easements necessary for each middle housing dwelling unit shall be identified on the plat. Easements shall be provided to ensure:

i. Provision of and access for maintenance and replacement of all utilities;

ii. Pedestrian access from each dwelling unit to a public or private street;

iii. All dedicated driveways, parking, common use areas or shared building elements and dedicated common areas can be accessed and used.

f. Evidence submitted by the applicant demonstrates how buildings or structures on the resulting lots or parcels 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.

2. The Staff Advisor shall apply additional conditions to the approval of a tentative plat for a middle housing land division to:

a. Prohibit the further division of the resulting middle housing lots or parcels.

b. Require that a notation appear on the final plat indicating that approval was given under this section, Middle Housing Land Divisions.

3. The type of middle housing developed on the original parent parcel is not altered by a middle housing land division. The newly created middle housing lots are created within a legal parent lot solely for the purpose of providing ownership opportunities, and these new middle housing lots are not granted additional development rights and must be maintained to meet the criteria applicable to the “parent lot” (height, lot coverage, open space, etc.). A duplex divided into two middle housing lots is still considered part of the original duplex and subject to all conditions of the original duplex approval.

4. Where the parent lot or parcel abuts a public street and dedication or frontage improvements consistent with section 18.4.6.040.F were not provided when the lot or parcel was created, necessary right-of-way and street frontage improvements shall be provided to meet the street design standards.

5. The access and minimum street frontage standards in section 18.2.4.010 shall not apply to middle housing land divisions.

6. There shall be no minimum area or dimensional requirements for lots resulting from a MHLD.

7. The Staff Advisor shall not require a final plat before building permits are issued.

1. The final plat shall comply with the middle housing land division preliminary plat conditions of approval.

2. The following data requirements, if applicable, shall also be shown on the final plat.

a. All tracts of land intended to be deeded or dedicated for public use;

b. Street names as approved by the Public Works Director in accordance with the “Criteria for Naming or Renaming a Street” in AMC 13.24.010.

c. Any non-access strips.

d. A notation indicating that approval was given under this section, Middle Housing Land Divisions.

3. Approval Criteria. The Staff Advisor shall approve or deny the final plat for the middle housing land division based upon the following criteria:

a. All conditions of the middle housing land division preliminary plat approval have been satisfied and the final plat substantially conforms to the approved middle housing land division preliminary plat approval.

b. Approved construction drawings for required public improvements have been provided, including grading and drainage plans as applicable, and the applicant has provided verification by the City that electric, water and sanitary sewer services are available to every lot depicted on the plat.

c. An approved security instrument is provided to guarantee completion of any required public improvements that have not been completed and accepted by the City.

d. The plat contains a dedication to the public of all required public improvements, including but not limited to public streets and any public utility easements, and all required streets, accessways, easements, and other dedications or reservations are shown on the plat.

e. The applicant has furnished acceptable copies of any applicable covenants, conditions and restrictions (CC&Rs), easements, maintenance agreements (e.g., landscaping, utilities, tree preservation, common areas, access, parking, etc.), and other documents pertaining to common improvements recorded and referenced on the plat.

f. The format of the plat shall conform to Chapter 92 ORS, and shall incorporate the preliminary plat information in section 18.5.3.040.B.

g. The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by Chapter 92 ORS, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the Jackson County Surveyor for purposes of identifying its location.

h. A copy of any deed restrictions applicable to the partition or subdivision or the title report.

1. Recordation. Following review and the Staff Advisor’s approval of a middle housing land division final plat, the applicant shall take the following actions:

a. Obtain the approval signature on the middle housing land division final plat by the Jackson County Surveyor certifying that the final plat complies with all applicable survey laws. Before certifying, the County Surveyor may make any necessary field investigations to verify that the plat survey is sufficiently accurate. If the County Surveyor determines that the plat does not comply, the applicant shall make corrections. When the County Surveyor determines that the plat conforms, the County Surveyor shall sign and date the final plat.

b. A notice of middle housing land division for each middle housing lot shall be recorded with the County Recorder that states:

i. The middle housing lot may not be further divided.

ii. No more than one unit of middle housing may be developed on each middle housing lot.

iii. The dwelling developed on the middle housing lot is a unit of middle housing and is not a single attached or detached dwelling, or any other housing type.

c. File a statement of water right and, if a water right is appurtenant, a copy of the acknowledgment from the Water Resources Department.

d. Deliver the approved final plat and accompanying documents to the County Recorder for recording.

e. Return a copy of the recorded final plat and notices of a middle housing land division to the City for filing.

F. Expiration and Extensions. The final plat for a middle housing land division shall be approved within three years of the approval of the preliminary plat, except when extension of the preliminary plat approval is granted pursuant to section 18.1.6.040. (Ord. 3217 § 3, added, 02/21/2023)