SB 1051 amended ORS 197 through the inclusion of ORS 197.312. The amendment requires cities over 2,500 population to permit accessory dwellings in all zones which permit detached single-family dwellings subject to "reasonable local regulations relating to siting and design."

The adopted language reads as follows:

"(5)(a) A city with a population greater than 2,500 or a county with a population greater than 15,000 shall allow in areas zoned for detached single-family dwellings the development of at least one accessory dwelling unit for each detached single-family dwelling, subject to reasonable local regulations relating to siting and design.
(b) As used in this subsection, “accessory dwelling unit” means an interior, attached or detached residential structure that is used in connection with or that is accessory to a single-family dwelling."

The planning commission held three workshops to develop and refine the code language necessary to comply with the new ORS.  The ordinance originally included several design standards such as matching colors and construction materials to the primary dwelling, but these standards were removed on advice of land use counsel.  A copy of the counsel's opinion is attached to this report.

The final ordinance before the city council has been vetted by land use counsel and referred to the city council by the planning commission.  This ordinance establishes minimum standards for ADUs.  These standards are summarized as follows:

• A maximum of one ADU may be constructed per lot with an existing dwelling
• An ADU may be detached, attached, or in the interior of an existing dwelling
• Interior and attached ADUs must have a separate entrance
• All ADUs must provide paved off-street parking in accordance with existing residential standards
• An ADU permit is required and subject to fees set by the city council
• ADUs are subject to multi-family utility billing rates
• ADUs are subject to the existing setback, lot coverage, and building height requirements of the zoning code

Findings of fact in support of this ordinance are attached.

The city will collect permit fees for the placement of each ADU within the city.  A permit fee of $200 is recommended for ADU processing.  Resolution 2102 attached to this agenda imposes the $200 fee.  ADUs will also be subject to a separate building permit and all associated fees.  Additionally, once an ADU is constructed on a property, the property will be charged higher utility rates than a single-family property.

The city council may choose to:

• Adopt Ordinance 2260 implementing ADU regulations and Resolution 2102 implementing a permit fee
• Deny Ordinance 2260 and Resolution 2102 and request further amendment to the ordinance

Motion to adopt the findings of fact

Motion to adopt Ordinance 2260

Motion to adopt Resolution 2102