Deschutes County board supports text amendment easing rules for temporary hardship dwellings

The Deschutes County Board of Commissioners voted on April 23 to approve a staff‑initiated text amendment (file 247‑25‑00078‑TA) to the county code governing temporary hardship dwellings, a land‑use mechanism that allows a second, short‑term residence on a property when a property owner or relative needs medical or elderly‑care accommodation.

Senior planner Nicole Mardell presented the proposal and told the board staff seeks to align county code with state law while standardizing how hardship dwelling applications are evaluated across zones.

"We're proposing to add eligibility for those that are aged, which comes from state statute, and to allow a medical practitioner's note rather than a doctor's note," Mardell said. She also told the board staff recommends changing the renewal interval from one year to two years, citing code enforcement concerns that some residents are unable to produce a yearly physician visit that aligns with a one‑year renewal schedule.

Key changes adopted by the board (as presented by staff and approved by the commissioners) include: - Expanding eligibility language to include "aged" alongside other medical conditions allowed by state statute. - Allowing a medical practitioner’s note (nurse practitioner, physician assistant or comparable provider) in place of a physician's note for renewals. - Extending the renewal timeline from every 12 months to every 24 months. - Allowing use of an existing, permitted building as a hardship dwelling in additional zones — specifically unincorporated community zones and rural commercial zones — while explicitly excluding R‑10 and MUA‑10 zones where Oregon administrative rule prevents that allowance. - Revising the definition of “existing building” from a fixed historic date to a rolling test: the building must have a final inspection at least two years before a hardship application is filed. - Limiting modifications to an existing building to work contained within the building’s existing floor area (to reduce the risk of creating a permanent second dwelling). - Clarifying RV requirements so that an RV used as a hardship dwelling must be road‑ready, attached by quick‑disconnect utilities where applicable, and contain at minimum an operational sink and toilet.

Mardell told the board the county’s Planning Commission held a public hearing on March 13 and recommended approval, 6‑0, of the package with the staff modifications (notably excluding R‑10 and MUA‑10 zones from the existing‑building allowance). Planning manager Will Groves answered commission questions during the board hearing and confirmed that setbacks, septic approval and driveway access remain required and can prevent siting on very small lots.

During deliberations, commissioners said they supported the policy choices as balancing flexibility for medical need with safeguards to limit potential misuse. The board moved to "recommend to approve file number 247‑25‑00078‑TA relating to temporary hardship dwellings." The motion was moved and seconded; recorded votes in the meeting record show Commissioner Chang voting yes and Chair Debone voting yes. (No further named roll call was audible in the public hearing transcript.) The board asked staff to prepare an adopting ordinance with the ordinance readings to follow in the county’s formal ordinance process.

Ending: The text amendment will be forwarded to staff for an implementing ordinance and scheduled readings; staff said it will return with formal ordinance language and procedural steps for adoption.