247-23-000700-TA - RVs as Rental Dwellings Text Amendments
Proposal Summary
Deschutes County is proposing to amend Deschutes County Code (DCC), Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance to allow RVs as rental dwellings in rural residential exception areas subject to certain criteria per the adoption of SB 1013. A brief summary of the amendments is as follows:
Deschutes County Code (DCC) 18.116, 19.92: Adds definitions and approval standards for RVs as rental dwellings in compliance with the requirements of SB 391.
DCC 18.04, 19.04: Adds definitions that apply to this use.
Background
The Oregon Legislature adopted Senate Bill (SB) 1013 into law on July 23, 2023; the law becomes effective January 1, 2024. SB 1013 authorizes a county to allow an owner of a lot or parcel in a rural area to site on the property one recreational vehicle that is used for residential purposes and is subject to a residential rental agreement and additional criteria outlined below. SB 1013 does not obligate a county to allow RVs as rental dwellings. SB 1013 shares some criteria with recent rural ADU legislation in SB 391, such as the requirement to provide sewage disposal, and differs in other ways—for instance, no fire hardening requirements are written into SB 1013.
State Standards
SB 1013 provides the baseline criteria for RVs as rental dwellings as listed below. Additional criteria may be established during the legislative process:
- A single-family dwelling that is occupied as the primary residence of the property owner must be sited on the property
- The RV must be owned or leased by the tenant
- The property owner must provide essential services to the recreational vehicle space, which are defined as sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system
Prohibitions:
- The RV cannot be utilized as a short-term rental
- RVs as rental dwellings are not allowed in urban reserves
- There are no other dwelling units on the property besides the primary single-family dwelling and no portion of the single-family dwelling is rented as a dwelling
Additional Standards Under Consideration
The following additional standards are under consideration:
- Lot or parcel must be at least 1 acre in size
- The RV must have an operable toilet and sink
- The property owner must provide a parking pad
- If the RV will be located within a structure, the structure shall be entirely open on two or more sides
Proposal Status
On Wednesday, August 14, the Board of County Commissioners directed staff to reopen the record until November 1 in order to receive additional input from fire districts, other counties, and the public. Written testimony will be accepted until November 1 at 4 p.m. and the Board will begin deliberations on November 13, 2024.
The Board of County Commissioners began deliberations on June 10. At that time, they directed staff to conduct additional research and coordination concerning several items. Staff will return to the Board at a date to be determined. Updates will be posted on this page.
Watch the video of the June 10 deliberations here
The Board of County Commissioners held a public hearing on the proposed amendments on May 8, 2024. At that time, they closed the public hearing and left the written record open until 4 p.m. on May 29th.
On February 28, 2024, staff provided a summary of the Planning Commission recommendations to the Board during a work session to determine next steps. The Board directed staff to return at a later date for a work session to discuss additional aspects of the amendments before determining whether or not to proceed with a hearing.
The Planning Commission concluded deliberations, which began on January 11, at its January 25 meeting. The Planning Commission voted not to recommend adoption of the proposed amendments, but offered additional recommendations should the Board choose to adopt the amendments. On December 14, the Planning Commission held a continued public hearing after the initial public hearing on November 9. At the conclusion of the continued public hearing, the hearing was closed for oral testimony. The written record remained open until December 28, 2023 at 4 p.m.
Remote attendance information can be found at www.deschutes.org/meetings approximately one week prior to each meeting. Videos of past meetings are available at the same link.
Staff Contact
Tanya Saltzman, Senior Planner
tanya.saltzman@deschutes.org
(541) 388-6528