Union County OKs ADUs in rural residential zones

Published 6:00 am Wednesday, August 28, 2024

UNION COUNTY — Amid the housing crisis impacting Oregon, Union County has turned to accessory dwelling units as one way to combat the issue.

The Union County Board of Commissioners voted 2-1 on Aug. 21 in favor of allowing applications to build the accessory dwelling units (ADUs) in four rural residential zones.

The topic was first raised before the commissioners on July 17 following a recommendation from the Union County Planning Commission. Commissioners Matt Scarfo and Paul Anderes voted in favor of the ordinance.

Ordinance 22403 amends the county’s zoning ordinance to allow landowners within the four zones — R-1 Rural Center Zone, R-2 Rural Residential Zone, R-3 Farm Residential Zone and R-4 Forest Residential Zone — to build accessory dwelling units on their property after going through conditional use review with the planning commission. (An accessory dwelling unit is a small, self-contained residence on the same property as a primary residence.)

Property owners who want to build an ADU will have to submit an application for review by the planning commission, according to Planning Director Scott Hartell. Adjacent landowners will be notified and can attend a public hearing to discuss the application.

The amendment to the zoning is allowed under Senate Bill 644, which was passed by the Oregon Legislature in 2023. The bill allows property owners to construct one ADU on land zoned for rural residential.

However, a number of requirements must be met. For example, the bill outlines that the parcel must be at least 2 acres and is required to have a single-family dwelling on the lot. The ADU is limited to 900 square feet of usable floor space and cannot be located more than 100 feet from the existing dwelling.

Additionally, the ADU also must comply with all applicable laws or regulations about sanitation and wastewater. (A full list of requirements is listed within the bill).

Anderes expressed concerns about the ADUs being used as vacation rentals. Hartell said that while property owners can opt to rent out an ADU, the dwelling cannot be used as a short-term vacation rental.

He added that the accessory dwelling units can be rented out to traveling nurses as that would fall under workforce housing.

Commissioner Donna Beverage asked if the county had anything to fill this gap currently. Hartell explained that under the current land use code there is no way to add additional dwelling units in rural residential zones.

The code does allow for hardship dwellings, but those are temporary. Once the hardship ends the dwelling unit needs to be removed.

While Beverage said she was torn on the issue, she ultimately voted in opposition — citing the number of property owners who spoke out against the ordinance.

Many property owners attended the meeting in July to share their concerns around allowing ADUs in rural areas. Residents expressed worries about ADUs overburdening the water table, straining existing infrastructure and increasing fire risk in the area.

Scarfo pointed to the fact that each individual ADU application will go before the planning commission.

In other matters at the Aug. 21 meeting, commissioners approved:

  • Co-adopting amendments to La Grande’s development code.
  • Establishing an opioid abatement advisory committee.
  • Sending a letter approving the transfer of ambulance services from the Union Fire Department to the Union Rural Fire Department.
  • Sending a letter with the commissioners’ comments about the state’s wildfire hazard map.

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