Deschutes County planning staff propose sweeping clear-and-objective housing code edits; hearing set

Deschutes County planners presented a wide-ranging package of zoning changes Thursday intended to make local housing standards "clear and objective," aligning county code with state law that now requires such standards for many rural and unincorporated areas.

"We're trying to preserve all the existing uses that currently exist in the code," said Kyle Collins, associate planner, describing the initial package of amendments at the Board of Commissioners meeting. The package addresses foundational definitions, dimensional standards (height, setbacks, lot coverage) and accessory-structure rules that determine when an outbuilding becomes a separate dwelling.

The rule changes stem from state actions dating to 2017 and, more recently, House Bill 3197 (2023), which extended clear-and-objective mandates to unincorporated and nonresource lands. That legislation becomes effective July 1 for the provisions that apply to housing development; county staff said any discretionary language left in the code after that date risks being challenged.

Planners said the package aims to reduce discretionary interpretation and make permitting more predictable. Examples include a defined method for calculating building height (an "average of two points" method by default, with a perimeter-sampling alternative for complex buildings) and a checklist approach to determine whether an accessory structure contains the components that would make it a dwelling unit.

The Planning Commission held a hearing on the amendments on Jan. 9 and voted unanimously to recommend approval, county staff said. "The amendments are intended to be a technical exercise," Collins said. "They're not intended to be policy decisions about what uses should or should not be allowed in the zones."

Public comment to date raised questions about specific wording and possible unintended consequences; planners said they had adjusted definitions where necessary and planned a follow-up work session and additional amendment packages covering subdivision standards and natural resources (Goal 5).

The Board of Commissioners scheduled a public hearing on the clear-and-objective amendments for Feb. 12 and directed staff to collect written comments in advance. The county said it expects to bring additional related packages over the coming months and acknowledged some amendments may need revision after implementation.

Ending: Staff said the goal is to increase predictability and reduce front-end permitting delays, while acknowledging that later packages addressing natural resources and subdivisions will be more complex and may require additional review and adjustment.