This chapter provides standards and procedures for middle housing land divisions (MHLD), in accordance with state law. An MHLD is an expedited land division of a lot or parcel on which the development of middle housing is allowed under state law. The purpose of an MHLD is to provide a simplified and expedited process for subdividing or partitioning lots with middle housing so that each unit is on a separate property, which enables middle housing dwelling units to be sold and owned individually.

MHLD can be applied to a lot or parcel with middle housing, as defined by this code and allowed under state law and administrative rules. Middle housing types that are eligible for an MHLD include duplexes, triplexes, quadplexes, townhouses, and cottage clusters. An MHLD is the creation of multiple parcels from a single parent lot on which middle housing is developed or proposed, which results in individual lots for each housing unit. After an MHLD is applied to a property, each resulting lot or parcel becomes a middle housing child lot. The development is still subject to the requirements and standards that applied to the middle housing parent lot, or the original lot prior to an MHLD. In other words, the middle housing development is still defined and regulated as the original middle housing type after a MHLD is applied to the property (e.g., a duplex that undergoes a MHLD does not become a townhouse development; the structure and property are still subject to requirements/standards for duplexes). The MHLD process follows the procedures defined by state law and the development code.

An application for an MHLD shall be filed with the city and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this section.

A.

A preliminary plat for the middle housing development as it relates to the existing lot, containing the following information:

1.

Drawn to scale;

2.

The boundaries, dimensions, and area of the lot;

3.

The location, width, and names of all proposed streets, flag lot accessways, and public accessways, including those abutting the perimeter of the lot;

4.

The location and use of all existing and proposed buildings and accessory structures on the lot, indicating the distance of such buildings and accessory structures to all property lines and adjacent on-site structures and identification of any that will be removed;

5.

The location of all existing and proposed off-street parking and vehicle use areas;

6.

The location of all existing and proposed trees.

7.

The location of all existing or proposed public utility connections.

8.

Existing or proposed easements necessary for each dwelling unit on the plan.

C.

A written statement providing a description of the manner in which the proposed division complies with the criteria in section 3.115.06.

D.

Draft copies of all necessary easements for review by the city attorney.

A.

Preliminary plat procedures for middle housing land division. Unless the applicant requests to use the procedure set forth in section 3.202, the city shall use the following procedure:

1.

Completeness review.

a.

If the application for an MHLD is incomplete, the city shall notify the applicant of the missing information within 21 days of receiving an application signed by all property owners, and associated fee to allow the applicant to submit the missing information. The application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

b.

If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

2.

Notice of application.

a.

On receipt of a complete application, written notice shall be provided to owners of property within 100 feet of the entire contiguous site for which the application is made and to any city council-recognized neighborhood association(s) whose boundaries include the site. Notice shall also be provided to any agency responsible for providing public services or facilities to the subject site. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee, this requirement shall be deemed met when the city can provide an affidavit or other certification that such notice was given.

b.

The notice shall include the following:

a)

The deadline for submitting written comments;

b)

A statement of issues that may provide the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period;

c)

A statement that issues must be raised with sufficient specificity to enable the city to respond to the issue;

d)

The applicable criteria for the decision;

e)

The place, date, and time that comments are due;

f)

A time and place where copies of all evidence submitted by the applicant will be available for review;

g)

The street address or other easily understood geographical reference to the subject property;

h)

The name and telephone number of city contact;

i)

A brief summary of the process for the land division decision being made.

3.

There shall be a minimum 14-day period to allow for submission of written comments prior to the planning official's decision.

4.

There shall be no public hearing on the application.

5.

The zoning administrator shall make a decision on the application within 63 days of receiving a complete application.

6.

The zoning administrator's decision shall be based on applicable elements of the Keizer Development Code and Comprehensive Plan. An approval may include conditions to ensure that the application meets applicable land use regulations.

7.

Notice of the decision shall be provided to the applicant and to those who received notice under 3.115.05.A.2 within 63 days of the date of a completed application. The notice of decision shall include:

a.

A summary statement explaining the determination; and

b.

An explanation of appeal rights under state law.

8.

The applicant, or any person or organization who files written comments in the comment period established under 3.115.05.A.3, may appeal the zoning administrator's decision to the referee within 14 days of the mailing of the decision notice. The city may appoint the hearings officer as the referee. An appeal shall be accompanied by an appeal application and appeal fee.

9.

An appeal shall be based solely on the following types of allegations:

a.

A violation of the substantive provisions of the applicable land use regulations;

b.

Regarding the unconstitutionality of the decision;

c.

That the application is not eligible for review under state middle housing laws or regulations or section 3.115.02 and should be reviewed as a land use decision or limited land use decision.

d.

That the parties' substantive rights have been substantially prejudiced by an error in procedure by the city.

e.

Any other allegation specifically provided by state law.

10.

The referee shall decide the appeal decision and the referee shall comply with state law when issuing a decision. The referee shall conduct a hearing similar to the process for a partition appeal consistent with state law. The referee shall make a written decision approving or denying the application or approving it with conditions designed to ensure the application satisfies the land use regulations within 42 days of the filing of an appeal.

A.

Approval of a preliminary plat for a MHLD will be granted if the zoning administrator finds that the applicant has met all of the following criteria:

1.

Existing compliance. The middle housing development complies with the Oregon Residential Specialty Code and applicable KDC middle housing regulations. To demonstrate compliance with this criterion, the applicant shall submit approved building permits demonstrating that existing or proposed structures comply with the Oregon Residential Specialty Code and KDC middle housing regulations.

2.

Separate utility connections. To qualify for a MHLD separate utility, service connections for public water and sewer must be present for each dwelling unit.

3.

Easements. Formal easements will be provided as necessary for each dwelling unit on the site for:

a.

Locating, accessing, replacing, and servicing all utilities;

b.

Minimum five-foot-wide pedestrian access from each dwelling unit to a private or public road, consistent with KDC 2.315.06.A.7;

c.

Any common use areas or shared building elements;

d.

Any dedicated driveways or parking;

e.

Any dedicated common area;

f.

Access easements for private streets shall comply with 2.302.08.

4.

One dwelling unit per lot. Exactly one dwelling unit will be located on each resulting child lot, except for lots, parcels, or tracts used as common areas, on which no dwelling units will be permitted. Resulting child lots may have accessory structures provided the accessory structure complies with applicable zoning requirements.

5.

Comply with building code. Buildings or structures on a child lot will comply with applicable building code provisions relating to new property lines.

6.

Notwithstanding the creation of new child lots, structures or building located on the newly created lots will comply with the Oregon Residential Specialty Code.

7.

Frontage improvements. Where a resulting child lot abuts a street that does not meet city standards, street frontage improvements will be constructed and, if necessary, additional right-of-way will be dedicated prior to the creation of the child lot, pursuant to 2.310.05.C. Street frontage improvements or additional right-of-way must be completed or guaranteed prior to the MHLD.

B.

Preliminary plat conditions of approval.

1.

The preliminary plat for a MHLD shall:

a.

Prohibit further division of the resulting child lots;

b.

Require that a notation appear on the final plat indicating:

a)

The approval was given under ORS ch. 92;

b)

The type of middle housing approved on the parent lot and noting that this middle housing type is still subject to development requirements and standards that apply to the original middle housing development prior to the middle housing land division;

c)

Accessory dwelling units are not permitted on child lots resulting from a middle housing land division.

2.

The city shall not attach conditions of approval that a child lot require driveways, vehicle access, parking, or minimum or maximum street frontage.

Final plat review criteria. Approval of a final plat for a MHLD shall be consistent with the review criteria in 3.107.07. The process and criteria for final plat approval is as follows:

A.

Survey. Within three years of the final decision approving a preliminary plat, the final plat shall be recorded. If the final plat is not recorded within three years, the preliminary approval shall lapse. The city staff may extend the approval period for not more than one additional year at a time. Requests for extension of approval time must be submitted in writing 30 days prior to the expiration date of the approval period. Extensions may only be granted if no subsequent code amendments have been adopted that affect the MHLD.

B.

Final approval. If the MHLD plat is consistent with the approved preliminary plat, and if the conditions of approval have been satisfied, the city shall sign the final plat.

C.

Building permit. A building permit for all new middle housing structures must be issued before the final plat is recorded with the county recorder.

D.

Improvements/bonding. Prior to issuance of an occupancy permit, all improvements required by the conditions of approval shall be constructed or the construction shall be guaranteed through a performance bond or other instrument acceptable to the city as provided for in 3.202.05.B.

E.

Public utilities. Prior to issuance of an occupancy permit, all public utilities for each individual unit shall be constructed or guaranteed.