Residential Design Standards Code Update and Implementation of House Bill 2001 Housing Choices

About the Project

The City of Sherwood is undertaking a development code audit and needed development code amendments to support a range of community housing choices. The development code audit project aims to understand the existing barriers and future solutions to promote a larger supply of housing options for the community. Amendments to the development code will provide an opportunity for a variety of housing types at various price points community members at different stages of life such as

Recent college students
First-time homebuyers
Households with children
Extended/multigenerational families
Individuals
Retirees/empty nesters

The development code update will also provide a variety of housing types to meet the needs of the entire community

Townhomes
Cottages
Courtyard housing
Single story units
Extended family and multi-generational housing

This is an opportunity to shape the look and feel of new neighborhoods and to create more transitional types of housing that are compatible within existing neighborhoods.

Residential Design Standards Open House

Learn and comment on the proposed Residential Design Standards. Please join us at City Hall, 22560 SW Pine Street, for one of the open houses!

July 29, 2021 from 6-8 pm
July 31, 2021 from 10-noon

For more information see flyer below.

Project Schedule and Key Public Engagement Activities

Evaluation and Existing Conditions/Code Audit: October–December 2020
Stakeholder Interviews: November–December 2020
Online Visual Preference Survey: mid-December–January 2021 — See results of the survey below.
Initial Draft Code and Design Standards: March–June 2021
Public Workshop: April 23-May 7, 2021
Draft Code Amendments and Code Graphics: June 2021

It is anticipated that new Residential Design Standards will be adopted and incorporated into the City's development code this year, 2021. Additional housing choices (plexes, cottage clusters) with development standards (lot areas, dimensions, setbacks, landscaping, etc.) are expected to be adopted prior to June 30, 2022, to implement Oregon House Bill 2001. For more information on Oregon House Bill 2001, please visit: Oregon House Bill 2001

This project is funded through the Department of Land Conservation and Development (DLCD) Technical Assistance Grant. During the 2019 legislative session, the state legislature appropriated funds provide planning assistance grants to local jurisdictions for the development of new standards to allow for 'middle housing' (townhomes, plexes, courtyard and cottages) to implement House Bill 2001, "Housing Choices."

This page will be updated with information and news about this project. If you would like to be placed on the project email list for the Residential Development Code Update, please email planning@sherwoodoregon.gov.

Visual Preference Survey Summary
HB 2001 Implementation Visual Preference Survey (VPS) Overview

Contact us and get involved
If you are interested in learning more about the project, please contact Sherwood Planning at (503) 925-2308 or email housingcodeupdate@sherwoodoregon.gov

We also invite you to sign up for the project email list to receive notices of new information, scheduled meetings and other opportunities. We never share your contact information and will only use it for Comprehensive Plan Vision updates. House Bill 2001 – Residential Design Standards Update at the link below: https://www.sherwoodoregon.gov/subscribe

Housing Choices Background

In 2019, the State of Oregon passed into law House Bill 2001, which requires cities of a certain size to allow for "middle housing" within traditional single-family zoned areas. Middle housing as defined by the bill includes duplexes, triplexes, quadplexes, and cottage cluster development. Listed below are some common questions that the City has received on this bill.

Which areas of Sherwood are affected by HB 2001?

Single-family residential zoning districts: Very Low-Density Residential (VLDR), Low-Density Residential (LDR), and Medium Density Residential (MDR). See Sherwood's Plan and Zone Map.

However, some of these zoning districts already allow for 'middle-housing types' such as duplexes and townhomes. The only two residential zones that do not permit duplex development is the Very Low-Density Residential (VLDR) and Low-Density Residential (LDR).

Sherwood must amend the City's land use regulations to allow:

A duplex on each lot or parcel
- That is located within city limits; and
- That is zoned for residential use; and
- On which the City's land use regulations allows for the construction of a detached single-family dwelling; and
Duplexes, triplexes, quadplexes, cottage clusters, and townhouses in residential zones within the City that allow detached single-family dwellings.

The Middle Housing Bill enables cities to regulate siting and design of middle housing types.

Which areas of Sherwood are not affected by this law?

Properties that are in the Medium Density Residential High and the High Density Residential zoning districts (some middle housing types are already allowed by code). Non-residential zoning districts, including residential uses in commercial zoning districts, are also not affected.

Subdivisions with covenants (CC&Rs) that specifically restrict development to only single-family detached dwellings are understood to be exempted from this law, provided the CC&Rs were recorded with Washington County and in effect prior to August 8, 2019; however, the City does not enforce or regulate CC&Rs)

Does HB 2001 prohibit the construction of a single-family house?

No. Contrary to some reports, detached single-family residential structures are permitted in the zoning districts affected by this law. This law is providing the opportunity for additional housing types. In addition, any CC&Rs that are to be filed with a subdivision under construction on August 8, 2019, or any future subdivision's CC&Rs cannot exclude middle housing types.

What is the long-term effect of the law?

The State of Oregon's Department of Land Conservation & Development (DLCD) will have to perform several tasks in 2020 to help guide cities on their responsibilities to update their codes. The state Building Codes Division (BCD) is also tasked with updating state building codes to allow for the easier development or conversion of middle housing types.

Sherwood, along with most communities within the Metro region, will be required to update its Development Code by June 30, 2022, to incorporate the changes required by law. If the City has not adopted updated code language to address HB 2001, Sherwood would be required to apply the state's model code. The City recieved grant funding through the Department of Land Conservation and Development (DLCD) that will assist with the hiring of a consulting firm to help develop residential housing code standards that address the requirements of HB 2001 and the community's expectations of form/scale of middle housing types in existing and new neighborhoods in Sherwood.

Is the City required to use standards developed by the State of Oregon?

No, however, City standards developed will be reviewed by the state for compliance with the law. Adopting the model code would ensure compliance; however, the City may develop alternate standards.

Can Sherwood come up with specific standards to regulate middle housing?

Yes, to a degree. Standards that are locally imposed must be "clear and objective" from a legal sense and must meet the intent of HB 2001. New development standards could include changes to lot sizes, limits on building size and height. Changes to the City's land use regulations must comply with HB 2001's requirement. The City's siting and design regulations may not discourage duplexes, triplexes, quadplexes, and cottage clusters and townhouses permitted in the area through unreasonable cost and delay.

What happens if the City doesn't update its Development Code by June 30, 2022?

The state's model code supersedes the City's code, and the City is forced to follow the state standards without locally developed standards or preferences.

Can property owners or HOAs take action to change their covenants to restrict middle housing?

No.

Accessory Dwelling Units – Senate Bill (SB) 1051

The State of Oregon passed Senate Bill 1051 in 2017, requiring cities of a certain size (Sherwood included) to allow for accessory dwelling units (ADUs) in zoning districts that allowed for single-family residential dwellings. Accessory Dwelling Units, commonly referred to as a "mother-in-law unit," are small secondary housing units constructed on the same property as an existing house. While Sherwood already permitted ADUs, SB 1051 also required cities to have clear and objective standards when reviewing applications for ADUs, therefore additional modifications to the standards were made to comply with the law.

In Sherwood, ADUs have three basic classifications:

a separate structure (detached ADU),
an extension to a primary dwelling (attached ADU), or
built within a primary dwelling (interior ADU).

ADU's follow a "Type I" land use review procedure. Full details on ADU standards can be found in Section 16.52 of the Sherwood Zoning and Community Development Code.