247-22-000671-TA - Rural Accessory Dwelling Unit (ADU) Text Amendments

UPDATE: On November 1, 2023, the Board of Commissioners passed new rules to allow ADUs in certain unincorporated areas of Deschutes County. Starting December 1, 2023, owners of eligible properties can apply for rural Accessory Dwelling Unit (ADU) permits through Deschutes County Community Development. For a full list of zoning standards and permitting requirements, please visit: www.deschutes.org/adu

Proposal Summary

The primary purpose of the amendments is to create local standards for rural accessory dwellings units (ADUs) as allowed by Senate Bills (SBs) 391 and 644. A brief summary of the amendments are as follows: 

Deschutes County Code (DCC) 18.32, 18.60, 19.12, 19.20, and 19.22: Adds a rural accessory dwelling units as a permitted use in all designated rural residential exceptions areas, including the Multiple Use Agricultural Zone and Rural Residential Zone.

DCC 18.116, 19.92: Adds definitions and approval standards for rural accessory dwelling units in compliance with the requirements of SB 391.

DCC 22.04: Adds rural accessory dwelling units as one of the permit types requiring Lot of Record Verification prior to establishment.

Background

Rural residential zones exist throughout Oregon. By definition, rural residential zones exist outside of urban growth boundaries (UGBs), but are excluded from the state’s resource land (farm and forest zone) protections. With certain exceptions, those protections allow residential uses only in conjunction with a farm or forest use. However, in rural residential zones, a dwelling can be a primary use of the land. Currently, state law allows counties to permit an additional dwelling on a property containing a house built prior to 1945. However, unlike in urban zones, rural residential zones do not have any other by-right accessory dwelling options, making inter-generational and alternative housing options difficult to achieve.

The Oregon Legislature adopted SB 391 into law on June 23, 2021. It authorizes a county to allow an owner of a lot or parcel within a rural residential zone to construct one ADU subject to certain restrictions and limitations. SB 391 does not obligate a county to allow ADUs. It also does not prohibit a county from imposing any additional restrictions, including those relating to the construction of garages and outbuildings that support an ADU, property size restrictions, or other land use considerations.

State Standards

The baseline criteria for a rural ADU as outlined in Senate Bill 391 are listed below:

• A county adopts an ordinance to allow ADUs in rural residential zoned areas
• Lot or parcel that is two (2) acres or greater
• One single family dwelling is sited on the lot or parcel
• Located on a lot or parcel served by a fire protection service provider
• Complies with all applicable state laws relating to water supply, sanitation and wastewater disposal - future applicants will likely require a site evaluation from the Environmental Soils division for onsite wastewater treatment/septic
• Limited to 900 square feet of useable floor space
• Complies with County siting standards

ADU Prohibitions:

• Cannot be located more than 100 feet from the existing single family dwelling
• Cannot be utilized for short-term vacation occupancy
• Cannot be subdivided
• Are not allowed in urban reserves

Wildfire Regulations:

• As initially drafted, SB 391 included numerous requirements relating to wildfire hazard mitigation including emergency access, defensible space, fire-resistant building materials and more, which are guided by SB 762 and being addressed at the State level.
• Based on significant concern from citizens and interest groups through the state, in July 2022 ODF withdrew the initial risk map to provide more time for additional public outreach and refinement of risk classification methodologies.
  • It is unclear at this time when a new Statewide Map of Wildfire Risk will be finalized and released by ODF.
• Senate Bill (SB) 644 was recently passed by the Oregon State Legislature on May 8, 2023. 
  • SB 644 effectively decouples the Statewide Map of Wildfire Risk from the adoption of any local rules allowing rural ADUs. During any interim period where a local jurisdiction has adopted rules allowing rural ADUs and prior to the release of the final risk map, any constructed ADUs will be subject to the home hardening building codes as described in section R327 of the 2021 Oregon Residential Specialty Code.
  • SB 644 does not alter the original defensible space standards of SB 762. 

Proposal Status

The Deschutes County Board of Commissioners held deliberations for this proposal on August 9, 2023 and ultimately voted to adopt the proposed amendments with certain modifications. Staff will be coordinating final adoption of these amendments over the coming weeks. Please check back in at a later date to review the final amendments and a timeline for formal implementation.

Staff Contact

Kyle Collins, Associate Planner
Kyle.Collins@deschutes.org
(541) 383-4427