247-23-000700-TA - RVs as Rental Dwellings Text Amendments

Proposal Summary

Deschutes County is proposing to amend Deschutes County Code (DCC), Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance to allow RVs as rental dwellings in rural residential exception areas subject to certain criteria per the adoption of SB 1013.

Background

The Oregon Legislature adopted Senate Bill (SB) 1013 into law on July 23, 2023; the law becomes effective January 1, 2024. SB 1013 authorizes a county to allow an owner of a lot or parcel in a rural area to site on the property one recreational vehicle that is used for residential purposes and is subject to a residential rental agreement and additional criteria outlined below. SB 1013 does not obligate a county to allow RVs as rental dwellings. SB 1013 shares some criteria with recent rural ADU legislation in SB 391, such as the requirement to provide sewage disposal, and differs in other ways—for instance, no fire hardening requirements are written into SB 1013.

State Standards

SB 1013 provides the baseline criteria for RVs as rental dwellings as listed below. Additional criteria may be established during the legislative process:

A single-family dwelling that is occupied as the primary residence of the property owner must be sited on the property
The RV must be owned or leased by the tenant
The property owner must provide essential services to the recreational vehicle space, which are defined as sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system

Prohibitions:

The RV cannot be utilized as a short-term rental
RVs as rental dwellings are not allowed in urban reserves
There are no other dwelling units on the property besides the primary single-family dwelling and no portion of the single-family dwelling is rented as a dwelling

Additional Standards Under Consideration

The following additional standards are under consideration:

Lot or parcel must be at least 1 acre in size
The RV must have an operable toilet and sink
The property owner must provide a parking pad
If the RV will be located within a structure, the structure shall be entirely open on two or more sides

Proposal Status

After deliberating on December 18, 2024, the Board voted to adopt the amendments with some of the changes proposed during deliberations. Staff will return to the Board with a final package of code and findings for consideration of first reading in early 2025. To watch the video of the December 18 deliberations, please visit www.deschutes.org/meetings.

Deliberations: The Board of County Commissioners began deliberations on June 10. At that time, they directed staff to conduct additional research and coordination concerning several items. The Board continued deliberations on November 13, after a reopening of the record that concluded on November 1.

The Board of County Commissioners held a public hearing on the proposed amendments on May 8, 2024. At that time, they closed the public hearing and left the written record open until 4 p.m. on May 29th.

On February 28, 2024, staff provided a summary of the Planning Commission recommendations to the Board during a work session to determine next steps. The Board directed staff to return at a later date for a work session to discuss additional aspects of the amendments before determining whether or not to proceed with a hearing.

The Planning Commission concluded deliberations, which began on January 11, at its January 25 meeting. The Planning Commission voted not to recommend adoption of the proposed amendments, but offered additional recommendations should the Board choose to adopt the amendments. On December 14, the Planning Commission held a continued public hearing after the initial public hearing on November 9. At the conclusion of the continued public hearing, the hearing was closed for oral testimony. The written record remained open until December 28, 2023 at 4 p.m.

Remote attendance information can be found at www.deschutes.org/meetings approximately one week prior to each meeting. Videos of past meetings are available at the same link.

Staff Contact

Tanya Saltzman, Senior Planner
tanya.saltzman@deschutes.org
(541) 388-6528