9.8194 Middle Housing Land Division, Tentative Plan Approval Criteria.
The planning director shall approve, conditionally approve, or deny the middle housing land division tentative plan application based on compliance with the following criteria:
(1) If the property to be divided is not yet developed with middle housing:
(a) The application proposes development of middle housing on the lot or parcel to be divided; and
(b) The lot or parcel or be divided is developable with middle housing consistent with the following:
1. EC 9.2750;
2. EC 9.2751;
3. EC 9.2760;
4. EC 9.2761;
5. EC 9.2775; and
6. EC 9.5550.
(2) If the property to be divided is developed with middle housing:
(a) The middle housing complies with EC 9.5550; or
(b) The certificate of occupancy for the middle housing was issued before June 30, 2022, and the middle housing complied with applicable land use requirements at the time the certificate of occupancy was issued.
(3) The proposed middle housing land division complies with all of the following:
(a) EC 9.2777, Middle Housing Lot standards;
(b) EC 9.6505, Improvements, Specifications for any street frontage improvements required for middle housing lots that abut a street;
(c) EC 9.6805, Dedication of Public Ways; and
(d) All other applicable development standards for features explicitly included in the application.
(4) The following easements are shown on the tentative plan:
(a) Easements necessary for locating, accessing, replacing, and servicing all utilities;
(b) Easements for pedestrian access from each dwelling unit to a street;
(c) Easements necessary for any common areas or shared building elements;
(d) Easements necessary for any shared driveways or parking.
(5) Separate utilities are provided for each dwelling unit.
(6) The middle housing land division results in one dwelling unit on each middle housing lot, except lots, parcels or tracts that include a common area. Lots, parcels or tracts that include a common area, but do not include a dwelling unit, are permitted.
(7) The application demonstrates that buildings or structures on the middle housing lots created by the middle housing land division will comply with applicable building code provisions related to new property lines; and, notwithstanding the creation of new lots or parcels, that structures or buildings located on the middle housing lots will comply with the Oregon Residential Specialty Code.
(8) The following notes are included on the tentative plan:
(a) The middle housing lots shown on the tentative plan were created pursuant to a middle housing land division and may not be further divided.
(b) The middle housing developed on the middle housing lots shown on the tentative plan shall remain middle housing and shall not be considered to be any other housing type as a result of the middle housing land division.
(9) The proposed middle housing land division will not cause any existing improvements on the middle housing lots to be inconsistent with applicable standards in this land use code.