On November 1, 2023, the Deschutes County Board of Commissioners enacted an ordinance to allow permitting of accessory dwelling units (also known as ADUs or granny flats) in rural residential areas of Deschutes County. The effective date of the ordinance is December 1, 2023, at which time homeowners and developers can submit applications to add another dwelling unit on their property, provided certain requirements are met. These include: (1) maximum of 900 square feet of livable area; (2) sited at a distance of no further than 100 feet from the primary dwelling; (3) minimum of 2 acres of property; and (4) approval of on-site septic. Many property owners who have considered their larger lots and wondered whether there is an option for extended family living without having to subdivide or partition their property now have an answer under the new ADU law. Like any other structure on a specific parcel, construction of an accessory dwelling unit will have to be consistent with setback and height limitations.
This is exciting news in Central Oregon, where the cost of homes has risen far beyond the budget of many residents and interest rates remain high. Property owners with at least 2 acres of land in certain rural zones can now request permission to construct a second dwelling on their property. Traditionally, zoning laws permit only one dwelling unit per lot in those areas zoned for residential use. Under the new ADU law, many properties outside of city limits – except for properties zoned for farm or forest use – can now request approval of a second, usually smaller home to be constructed on the same lot, which can allow for intergenerational living (aging parents or adult children) or just additional living space.
Perhaps you have heard of tiny homes? This concept has been quite the rage on social media for the past three years, gaining additional traction with the arrival of the COVID-19 pandemic. Many people enjoy the idea of simplifying their lives and living with less. An accessory dwelling unit is not necessarily a tiny home, although it may share many of the same features. Within the living space of an ADU, no more than 900 square feet can be permitted. This excludes porches, decks and attached garages.
The new ADU ordinance has been in the works for quite some time. Deschutes County residents are excited about this new possibility for development on their properties. On November 30, 2023, Deschutes County will host an open house for persons interested in ADU development potential, at which questions will be addressed, including what will be involved in processing applications.
Hope to see you there! Of course, as a land use attorney, I am happy to answer any questions you may have in the comments below!
