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Deschutes planners prepare multi-part clear-and-objective code amendments ahead of July deadline
Summary
County planners said they are advancing a series of clear-and-objective zoning text amendments required by state law to reduce discretionary review of housing development; the package starts with definitions, dimensional standards and accessory-structure rules and is scheduled for a Feb. 12 hearing before the Board of Commissioners.
County planners briefed the Deschutes County Board of Commissioners on Feb. 3 about an initial package of zoning text amendments intended to meet state "clear and objective" requirements for housing development. Planners said the amendments focus on definitions, dimensional standards and accessory-structure rules across Titles 18 and 19 of the county code and are the first of several packages the county expects to finish before statutory deadlines.
Why it matters: House Bill 3197 and prior legislation require that local standards applied to housing be measurable and not rely on discretionary language that could create delay or inconsistent outcomes. County staff said the statutory changes now apply beyond cities to some unincorporated areas and rural residential exception areas; the new rules become effective for relevant applications July 1, 2025.
What planners presented: Kyle Collins, associate planner, said the first package includes: - New or revised definitions to remove ambiguous words (for example, eliminating family-based definitions for dwelling units) and to align local terms with state statute where ORS definitions exist. - Clear, measurable dimensional standards for height, setbacks, lot area and related calculations; staff proposed a default two-point average for "grade" when measuring building height and an optional perimeter-sampling method for unusual lots or daylight-basement designs. - A checklist approach to define when an accessory structure becomes a dwelling unit and when restrictive covenants or formal land-use approvals are required.
Planning process and comments: Staff said the Planning Commission held a public hearing on Jan. 9 and unanimously recommended approval of this first package. Public comments cited concerns about how specific definitions (for example, "incidental and subordinate") would interact with state OAR language; staff said they revised definitions to defer to state OAR where applicable. Staff said additional packages addressing Goal 5 resource protections, subdivision standards and other housing-related provisions will follow.
Board reaction: Commissioners and planning managers said the work should improve clarity for applicants and planners, reduce front-end confusion and speed routine reviews, while acknowledging the more complex Goal 5 and natural-resources work will be harder to make "paint-by-numbers." Staff said the county will monitor for unintended consequences and expects to return with follow-up amendments if needed after the first packages are in place.
Next steps: County staff scheduled a public hearing on the package for Feb. 12 and indicated further clear-and-objective packages will arrive over coming months; the code edits will be placed into the county—s official Municode system after final adoption.
