Middle Housing in Albany

Middle housing refers to a range of smaller attached or clustered housing types that are typically built at a similar scale as single-family detached houses. In Oregon and Albany, middle housing refers to duplexes, triplexes, quadplexes, townhouses, and cottage clusters.

The term "missing middle housing" was coined by urban planner Daniel Parolek to refer to housing that fits in between single-family homes and larger apartment buildings but that's largely been missing from most cities' neighborhood patterns for many decades. Middle housing was common in neighborhoods in most communities prior to World War II. However, Albany and many other cities prohibited or significantly limited middle housing in single-family neighborhoods through zoning regulations that categorized them as "multi-family housing." Middle housing is subject to the same height and lot coverage standards as detached dwelling units to blend into existing neighborhoods.

Housing needs vary throughout our lives. Many residents pay more than they can afford for housing and are limited to renting or buying detached homes they can't afford. The makeup of Oregon households is shifting; more than a quarter of households today are single people living alone. Small families, young adults, and the growing population of elderly need more options including smaller homes and less maintenance.

Enabling a greater variety of housing types throughout the state in more neighborhoods will increase opportunities for where people can choose to live, the types of homes they can live in, and may enable them to stay within the same neighborhood or be near family and friends as their housing needs change. Improving housing choices in the short term may improve housing affordability in the long term.

Cities across Oregon and the nation are facing a housing affordability crisis. Housing production has not kept up with the demand in Oregon. As a result, home prices and rents have risen rapidly. Low vacancy rates and rising housing prices are creating a dynamic that leaves both existing and new community members struggling to find local housing that meets their basic needs at a price they can afford. This has put a particular strain on lower-income households, which have fewer choices in where to live, but also on working families and retirees.

In recognition of this statewide issue, the Oregon Legislature passed House Bill 2001 (HB 2001) in August 2019 in an effort to provide Oregonians with more housing choices. Building up the supply and variety of housing is anticipated to make homes more affordable and help meet the housing needs of many younger and older residents, and people who can't afford a larger detached house of their own.

HB 2001 and associated statues (ORS 197.758) and Oregon Administrative Rules (Chapter 660, Division 46) require Oregon cities with populations over 25,000 to allow middle housing in areas where single- family detached housing is permitted. Specifically, Albany and other "large cities" must allow:

• Duplexes on each lot or parcel zoned for residential use that allows detached single unit dwellings regardless of lot size; and
• Triplexes, quadplexes, cottage clusters, and townhouses in areas zoned for residential use that allow detached single-family dwellings on lots that meet the minimum lot size for the middle housing type for the residential zone.

In general, most of the same standards that apply to single dwelling units apply to all middle housing types – such as height, maximum lot coverage, setbacks, and street facing windows, with a few exceptions. Oregon Administrative Rules determined Albany's minimum lot sizes for middle housing. In single dwelling zones they are:

• Duplexes are permitted on any lot or parcel zoned for residential use that allows single dwelling units regardless of lot size.
• Triplex minimum lot size is the same as single dwelling units by zone (RS-5 and HM is 5,000 SF, RS-6.5 is 6,500 SF, RS-10 is 10,000 SF).
• Fourplexes and cottage clusters require 7,000 SF in RS-5, HM and RS-6.5, and 10,000 SF in RS-10.
• Townhouses – the minimum lot size is 1,500 SF, but the area for the townhouse development must be equal to or greater than 1,700 SF per townhouse in RS6.5 and 2,500 SF in RS-10.

Can any vacant lot become middle housing? Any lot located in a residential zone that allows detached single dwelling units that meets the minimum size requirements for the zone and the middle housing type may be developed with middle housing. This includes vacant lots within already developed or developing neighborhoods and newly created lots such as new subdivisions, or a small partition.

Process: When a lot meets the minimum area requirements for middle housing and is served by city utilities, a builder can submit building permits for middle housing on that property. The lot can be vacant or developed. An existing dwelling can be converted to middle housing or added onto to create middle housing. In cottage cluster developments, cottages can be built behind the primary dwelling. City staff review plans to comply with building codes, and development standards like setbacks, building height, and lot coverage.

The following handouts explain most of Albany’s middle housing types in more detail and provide the applicable Albany Development Code Standards for each housing type, including minimum lot sizes by zoning district.

PLEASE NOTE: Additional standards may be applicable to your specific project. If you have questions about your specific project, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or 541-917-7550.

Middle Housing types are permitted with a building permit. Applicants will submit the applicable middle housing checklist (coming soon) with their building permit to ensure compliance with all applicable development standards.

No. One accessory dwelling unit is permitted on each lot that contains one legally established single detached dwelling unit. ADUs are subject to the development standards in ADC Article 3, Section 3.080 (4).

Oregon law established a middle housing land division process (described below) so that middle housing can be subdivided so there is a single unit on individual lots or individually owned as condominiums.

When a lot is eligible for middle housing, or the lot is developed with middle housing, the "parent" lot may be divided so that exactly one dwelling unit is located on each resulting "child" lot. The application must demonstrate compliance with both applicable building codes and middle housing standards to be eligible for the land division under Senate Bill 458. State law specifies an expedited land division process that is not considered a land use action (ORS 92.031). Cities can require or condition certain things,

including further land division limitations on "child" lots, street frontage improvements, and right-of-way dedication if the original parcel did not make such dedications. The city may not subject applications to approval criteria outside of what is provided in the bill, including that a lot or parcel require driveways, vehicle access, parking, or min/max street frontage, or requirements inconsistent with state law.

Public Notice of the Application: State law says written notice of the application shall be sent to owners of property within 100 feet of the site and to any City Council recognized neighborhood association whose boundaries include the site. The public comment period is 14 days.

Appeals: Any person or organization that files written comments during the comment period may file an appeal of the city's middle housing land division decision within 14 days of the date the notice of decision was mailed. The appeal must be based on the specific requirements in ORS 197.375(1)(c)(A) through (1)(c)(D) through (1)(c)(D) and accompanied by a $300 deposit for costs. The city will appoint a referee to decide the appeal decision in compliance with ORS 197.375(3) through (6). Approval of building permits for middle housing can be appealed to the Circuit Court under writ of review.

To comply with laws related to creating climate friendly and equitable communities, the city repealed parking city wide effective July 1, 2023. This means that no parking is required for any development in the city, including for single-dwelling units or middle housing; rather, parking is determined by the market. To address concerns about providing on-street and off-street parking, the city modified the code so that each lot for single or middle housing must meet one of the following driveway spacing:

• provide two off-street parking spaces per unit and have driveways spaced 5 feet apart, or
• has a minimum of 22 feet of contiguous street frontage (to enable on-street parking), or
• driveways are spaced at least 22 feet from other driveways (to accommodate on-street parking).

Since on-street parking is not included in the definition of "Sufficient Infrastructure," the City cannot deny middle housing based on lack of on-street parking.

The city will require middle housing parent lots to be serviced by city utilities and streets and when necessary, be provided fire and emergency access easements. When a child lot abuts a street that does not meet city standards, street frontage improvements will be required, and when necessary additional right-of-way will be dedicated.

System wide transportation system improvements needed to address anticipated growth are identified and planned for in the city's Transportation System Plan (TSP). Albany's current TSP was adopted in 2010. An update to the TSP will begin in 2024. When the "parent" lot is first created through the land division process, the city determines whether transportation improvements are available or will be available to serve the proposed development. Albany's guidelines for traffic impact studies require submittal of a trip generation analysis for developments that generate 50 or more PM peak hour trips, and a traffic impact analysis for developments that generate 100 or more PM peak hour trips. Trip generation estimates are based on Institute of Transportation Engineers (ITE) trip rates.

Once a lot is created and is eligible for middle housing, building permits may be submitted. When a developer proposes a middle-housing land division, the city can only review it against the review criteria specified in state law (ORS Chapter 92), which do not include evaluation of impacts on the transportation system.

The city can determine whether sufficient infrastructure will be or can be provided. OAR 660-046 defines "Sufficient Infrastructure"OAR 660-046 defines "Sufficient Infrastructure" as it relates to streets, as: "Access via public or private streets meeting adopted emergency vehicle access standards to a city's public street system." If streets are built to city standards, they can accommodate emergency vehicles.

The Fire Code applies at the time of building permit and includes standards regarding the number of residential units that can be constructed when accessed by a single access route.

Per state law, the city must apply the same standards for single dwelling units to middle housing – such as maximum height, maximum lot coverage, and setbacks - with a few exceptions. State law allowed cities to adopt clear and objective siting and design standards from the state's "model" middle housing code. Albany adopted middle housing design standards from the model code to supplement existing design standards for single dwelling units and duplexes. These standards address home orientation, street- facing windows, driveway spacing and widths, and additional design standards for townhouses and specific courtyard standards for cottage clusters.

No. Per OAR 660-046-0010(3)(a)(B), cities may not apply use, density, and occupancy restrictions that prohibit the development of Middle Housing while otherwise permitting the development of single-family detached dwellings, including in historic districts. For example, a city would not be able prohibit a townhouse project in a historic district solely based on its housing type. However, cities can apply historic design standards to middle housing, similar to any residential development in a historic district. Construction of new middle housing in historic districts, or additions to homes in historic districts would require historic review and approval and is subject to standards in Albany's Historic Overlay District.

Middle housing developments must provide front yards and meet side and rear setbacks. City standards limit the width of driveways for triplexes, fourplexes and townhouses to ensure they don't consume the front yard and leave room for yards.

The city does not require open space in standard residential subdivisions. Therefore, common open space is not required with middle housing land divisions. The initial land division that creates parent lots may require stormwater detention facilities within the neighborhood. These often provide some natural green space.

No. There is a difference between true "Affordable Housing" and "naturally occurring affordable housing." Affordable Housing is housing that is directly subsidized by an organization or the government, typically for residents with household incomes below 80% of the area median income.

"Naturally occurring affordable housing" is market-rate housing that is usually older, smaller, or both. Newly constructed middle housing is anticipated to be sold or rented at market rate, at varying prices. While new housing is typically more expensive than older housing due to lack of wear and tear, it should have lower maintenance costs due to being more energy efficient and elements being new.

Middle housing tends to be smaller which leads to even lower operating and long-term maintenance costs. A 1,500 square foot house is likely to cost much less than a 2,500 square foot house – to buy, and to maintain. There's less square footage to heat, a smaller roof to maintain, less exterior space to paint.

The hope is that over time, Oregon's neighborhoods will offer more housing choices, enabling residents to choose the housing type and location that meets their needs, including ownership opportunities.

Middle housing lot coverage is calculated the same as it is for single-family housing because the law states that standards for middle housing cannot be stricter than for single-family detached housing. There is an exception to lot coverage for single-family housing that also applies to middle housing that excludes paved areas, such as driveways and patios, from the lot coverage calculation (e.g., only buildings will be included in the lot coverage calculation). Cottage clusters are exempt from maximum lot coverage per state law.