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A. Middle housing developments may be created as a subdivision or partition; as a condominium (pursuant to ORS Chapter 100 and HRMC Chapter 17.16); or as rental units or sold as undivided interest in development.

B. A subdivision, partition, or replat shall be reviewed and approved concurrently with the development of middle housing to create the easements, lots, and tracts that will comprise the site development. Applicants shall submit engineering and subdivision plans as part of the application. The subdivision or partition may be reviewed as an expedited land division. As an alternative, an applicant may request that its land division and site development plans be reviewed in accordance with standards in HRMC Title 16 and processed in accordance with HRMC Chapter 17.09.

C. Middle housing developments meeting the standards of this chapter are exempt from individual lot size, frontage width requirements, and dimensional standards as outlined in HRMC Chapter 17.03, but shall comply with building site standards listed within this chapter.

D. Access and utility easements shall be provided to ensure utility and access rights for all units of land within the development (all that do not have frontage on a public street), and to provide vehicle, utility, and pedestrian circulation through the site.

E. Covenants, Conditions and Restrictions. Where common utilities, tracts, and facilities are included in a development, middle housing and cottage developments shall require a set of conditions, covenants, and restrictions (CC&Rs) to address maintenance of common open space and other issues. Prior to final plat approval and issuance of a site development or building permit for any structure CC&Rs shall be reviewed and, if approved by the City, recorded with Hood River County. The CC&Rs must include the following provisions:

1. The creation of a homeowner’s association or other maintenance agreement that will provide for maintenance of all common areas in the housing development.

2. The total square foot area of each middle dwelling unit may not be increased for the life of the dwelling unit or duration of middle housing regulations if it cannot demonstrate compliance with the existing standards or site development approvals. (Ord. 2061 §2 (Exh. A), 2021)