Middle Housing: HB 2001 Frequently Asked Questions

The State Legislature passed House Bill 2001 in 2019 to help increase housing choices and housing supply in Oregon. Below are answers to some frequently asked questions about the new law and its impact on Salem. You can also learn more by visiting the State's webpage on HB 2001.

The City Council voted to adopt the proposed code changes to implement HB 2001 on January 24, 2022. The changes are effective on March 16, 2022.

1. How does HB 2001 affect the types of housing allowed in Salem?

HB 2001 requires large cities like Salem to allow a duplex on each lot that is zoned for residential use that allows development of a detached single-family dwelling. Salem must also allow other types of middle housing – triplexes, quadplexes, townhouses, and cottage clusters – in areas zoned for residential use that allow detached single-family dwellings.

The code change adopted by the Council allows attached and detached middle housing. That means not only is a duplex allowed but two separate units on a lot are also allowed. The same goes for three-family uses and four-family uses.

2. What areas of Salem are impacted?

HB 2001 impacts all areas in Salem that are zoned residential and allow detached single-family dwellings. That includes the Single-Family Residential (RS) zone, Residential Agriculture (RA) zone, Duplex Residential (RD) zone, and Multiple Family Residential I (RM-I) zone. You can find the zoning of your property online.

3. Are all middle housing types allowed on lots in those residential zones?

No. Two family uses are allowed on all lots in the RS, RA, RD and RM-I zones that allow detached single-family dwellings. That means two family uses, like single-family dwellings, are  allowed on lots that are at least 4,000 square feet in size.

The State has also adopted administrative rules that include a provision that requires triplexes, quadplexes, and cottage clusters to be allowed in residential areas based on lot size. In Salem, that means:

  • A three-family use is allowed on a lot that is at least 5,000 square feet in size
  • A four-family use is allowed on a lot that is at least 7,000 square feet in size
  • A cottage cluster is allowed on a lot that is at least 7,000 square feet in s

4. What is a cottage cluster?

Generally, a cottage cluster is a grouping of five to 12 detached dwelling units that are clustered around a common courtyard. Each building must have a footprint of less than 900 square feet.

5. Are single-family homes banned?

No. Detached single-family dwellings are still allowed. HB 2001 allows a broader mix of housing types, but does not prohibit detached single-family homes.

6. Are accessory dwelling units still allowed?

Yes. Accessory dwelling units (ADUs) will continue to be allowed with a single-family detached dwelling. They will continue to be limited in size to 900 square feet or 75 percent of the main building gross area, whichever is less. HB 2001 prohibits cities from requiring owner occupancy or parking for ADUs; Salem's zoning code already complies with these parts of the law. 

7.  How much parking is required?

Under the code changes adopted by the City Council, no off-street parking spaces are required for middle housing. That does not mean parking cannot be provided. Parking spaces can still be provided as long as the City's parking maximums are not exceeded. That maximum parking requirement is 1.75 spaces per dwelling unit.

8. When did Salem comply with HB 2001?

The City Council voted to adopt the code changes implementing HB 2001 on January 24, 2022. The changes are effective on March 16, 2022.

9. How do I learn more?

If you have more questions, you can call the Planners Desk at 503-588-6213.