Rural Accessory Dwelling Units

(a) Purpose. The provisions of this section are intended to implement state law authorizing the development of accessory dwelling units (ADUs) to provide additional housing opportunities on rural lands and to encourage the preservation of historic housing stock.

(b) Definitions. For the purposes of LC 16.290(8), unless otherwise specifically provided, certain words, terms, and phrases are defined as follows: (i) “Accessory dwelling unit” (ADU) means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. (ii) “Area zoned for rural residential use” means lands that are zoned Rural Residential (RR, RCP), not located inside an urban growth boundary as defined in ORS 195.060, and that are subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use. (iii) “Historic home” means a single-family dwelling constructed between 1850 and 1945. (iv) “New” means that the dwelling being constructed did not previously exist in residential or nonresidential form. “New” does not include the acquisition, alteration, renovation or remodeling of an existing structure. (v) “Single-family dwelling” means a residential structure designated as a residence for one family and sharing no common wall with another residence of any type. (vi) “Usable floor area” means the area included within the surrounding insulated exterior walls of a structure, exclusive of attached garages, carports, decks, stairs, porch covers, or similar appurtenances. (vii) “Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: (aa) The occupant rents the unit for vacation purposes only, not as a principal residence; (bb) The occupant has a principal residence other than at the unit; and (cc) The period of authorized occupancy does not exceed 45 days. (c) Criteria for ADUs. A lot or parcel may qualify for one (1) ADU pursuant to the criteria under either subsection (xi) or (xii) below and provided: (i) The lot or parcel is at least two acres in size; (ii) At least one single-family dwelling is sited on the lot or parcel;

(iii) The lot or parcel is not located within an urban reserve area, consistent with ORS 195.137; (iv) The ADU complies with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment; and, (v) The ADU must comply with the property development standards of LC 16.290(7). (vi) A subdivision, partition or other division of the lot or parcel so that the existing single-family dwelling is situated on a different lot or parcel than the ADU may not be approved. (vii) Only one ADU as defined by LC 16.290(8)(b)(i) and allowed by LC 16.290(2)(v) is allowed on a qualifying lot or parcel. (viii) ADUs may be allowed subject to submittal of a Type I application pursuant to the procedures of LC Chapter 14. (ix) The provisions of LC 16.290(8) do not apply to guest houses or accessory residential structures, as allowed by LC 16.290(2)(u). (x) ADUs located on lots or parcels within the boundaries of an area designated by the Rural Comprehensive Plan as being an unincorporated community must have an adequate supply of water. If the lot or parcel is served by an individual water supply system, the system must meet the standards of Lane Manual 9.005.160, or if served by a public or community water system, the applicant must submit evidence that the service agency is mutually bound and able to serve the development. (xi) An ADU in the rural residential zone is allowed subject to LC 16.290(8)(c)(i) through (x) and must meet all of the following standards: (aa) The ADU will be located no farther than 100 feet from the existing singlefamily dwelling, measured from a wall of the single-family dwelling to the nearest part of the usable floor area of the ADU. (bb) The ADU will not include more than 900 square feet of usable floor area as defined by LC 16.290(8)(b)(vi). (cc) The existing single-family dwelling on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600. (dd) The lot or parcel on which the ADU is located is served by a fire protection district that complies with ORS 181A.410. (ee) The applicant provides written certification from the applicable fire district, on a form prepared by Lane County, that access to the property meets minimum fire district requirements to provide emergency services to the property. (ff) The applicant provides an evacuation plan that arranges for safe evacuation and identifies staged evacuation areas. As used in this section, “safe evacuation” means an identified route for evacuation from the ADU to the staged evacuation area. “Staged evacuation area” means a public or private location that occupants of the ADU may evacuate to. (A) The applicant must provide written authorization from the owner of the staged evacuation area that the occupants of the ADU may evacuate to that location. (B) A determination by the County that an evacuation plan meets the requirements of LC 16.290(8)(c)(xi)(ff) above is not a certification that the plan provides for safe evacuation and is not a certification of the safety of the identified staged evacuation areas. The County does not warrant or guarantee the effectiveness of any proposed evacuation plan and cannot be held liable in the event of property damage, injury, or death that may occur when an evacuation plan is used or followed. (gg) No portion of the lot or parcel is within a designated area of critical state concern as defined in Oregon Administrative Rule 660-043. (hh) If the water supply source for the ADU or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted by the Water Resources Commission.

(ii) The applicant signs and records a restrictive covenant with Lane County Deeds and Records stating that the ADU allowed under this section will not be used for vacation occupancy, as defined by LC 16.290(8)(b)(vii). (jj) An existing single-family dwelling and an ADU allowed under this section are considered a single unit for the purposes of calculating exemptions under ORS 537.545(1). (kk) The accessory dwelling unit complies with the construction provisions of section R327 of the Oregon Residential Specialty Code, if: (A) The lot or parcel is in an area identified as a high wildfire hazard zone on the statewide wildfire hazard map described in ORS 477.490; or (B) No statewide wildfire hazard map has been adopted. (ll) If the lot or parcel is in an area identified on the statewide wildfire hazard map described in ORS 477.490 as within the wildland urban interface, the lot or parcel and ADU must comply with the defensible space requirements for wildfire risk reduction established by the State Fire Marshal under ORS 476.392 and any applicable local requirements for defensible space established by the local government pursuant to ORS 476.392. (xii) Conversion of a historic home to an ADU in the rural residential zone is allowed subject to LC 16.290(8)(c)(i) through (x) and provided: (aa) The owner of a lot or parcel within an area zoned for rural residential use constructs a new single-family dwelling; (bb) A historic home, as defined by LC 16.290(8)(b)(iii), is sited on the lot or parcel; (cc) The owner converts the historic home to an ADU upon completion of the new single-family dwelling; and, (dd) ADUs established pursuant to LC 16.290(8)(c)(xii) may not be: (A) Altered, renovated, or remodeled so that the usable floor area of the ADU is more than 120 percent of the historic home’s usable floor area at the time construction of the new single-family dwelling commenced. (B) Rebuilt if the structure is deemed a dangerous building due to fire, pursuant to the Uniform Code for the Abatement of Dangerous Buildings, which defines “dangerous building” as “Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.” The applicant must sign and record with Lane County Deeds and Records a restrictive covenant stating that an ADU allowed under this section cannot be rebuilt if deemed a dangerous building as described in this section. (Revised by Ordinance No. 6-02, Effective 5.16.02; 10-04, 6.4.04; 5- 04, 7.1.04; 6-10, 9.18.10; 7-12, 12.28.12; 14-09, 12.16.14; 15-03, 04.17.15; 20-05, 6.16.20; 23-05, 8.29.23)

Guest Houses

Guest House or Accessory Residential Structure. A structure that contains area for residential use or occupancy, that includes a toilet or bathroom, and that complies with these requirements: (i) The total floor area of the structure is no more than 850 square feet; (ii) The structure does not contain a kitchen. (iii) The structure is located on a lot or parcel that has a lawfully existing dwelling or duplex on it and that does not have two or more permanent dwellings, a guest house or another accessory residential structure on it; (iv) Sewage disposal for the structure is connected to the same onsite sewage disposal system, or community or public sewer connection, and the same electrical meter as the existing dwelling on the same lot or parcel; and (v) The structure shall not have an address