Title 215 · ORS Chapter 215

105.600; �� (e) The accessory dwelling unit will comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment; �� (f) The accessory dwelling uni

Citation: ORS 105.600

Section: 105.600

105.600;

�� (e) The accessory dwelling unit will comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment;

�� (f) The accessory dwelling unit will not include more than 900 square feet of usable floor area;

�� (g) The accessory dwelling unit will be located no farther than 100 feet from the existing single-unit dwelling;

�� (h) If the water supply source for the accessory dwelling unit 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;

�� (i) No portion of the lot or parcel is within a designated area of critical state concern;

�� (j) The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410; and

�� (k) The county has adopted land use regulations that ensure that:

�� (A) The accessory dwelling unit has adequate setbacks from adjacent lands zoned for resource use; and

�� (B) The accessory dwelling unit has adequate access for firefighting equipment, safe evacuation and staged evacuation areas.

�� (3) A county may not allow an accessory dwelling unit allowed under this section to be used for vacation occupancy, as defined in ORS 90.100.

�� (4) A county that allows construction of an accessory dwelling unit under this section may not approve:

�� (a) A subdivision, partition or other division of the lot or parcel so that the existing single-unit dwelling is situated on a different lot or parcel than the accessory dwelling unit.

�� (b) Construction of an additional accessory dwelling unit on the same lot or parcel.

�� (5) A county may require that an accessory dwelling unit constructed under this section be served by the same water supply source or water supply system as the existing single-unit dwelling, provided such use is allowed for the accessory dwelling unit by an existing water right or a use under ORS 537.545. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department.

�� (6) An existing single-unit dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating exemptions under ORS 537.545 (1).

�� (7) Nothing in this section requires a county to allow any accessory dwelling units in areas zoned for rural residential use or prohibits a county from imposing any additional restrictions on accessory dwelling units in areas zoned for rural residential use, including restrictions on the construction of garages and outbuildings that support an accessory dwelling unit. [2021 c.396 �2; 2022 c.85 �5; 2023 c.76 �1; 2023 c.611 �9; 2025 c.38 �37; 2025 c.589 �1; 2025 c.590 �18]

�� 215.501 Conversion of historic homes to accessory dwelling units. (1) As used in this section:

�� (a) �Accessory dwelling unit� means a residential structure that is used in connection with or that is auxiliary to a single-unit dwelling.

�� (b) �Area zoned for rural residential use� means land that is not located inside an urban growth boundary as defined in ORS 197.015 and that is 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.

�� (c) �Historic home� means a single-unit dwelling constructed between 1850 and 1945.

�� (d) �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.

�� (e) �Single-unit dwelling� means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type.

�� (2) Notwithstanding any local zoning or local regulation or ordinance pertaining to the siting of accessory dwelling units in areas zoned for rural residential use, a county may allow an owner of a lot or parcel within an area zoned for rural residential use to construct a new single-unit dwelling on the lot or parcel, provided:

�� (a) The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 197A.230;

�� (b) The lot or parcel is at least two acres in size;

�� (c) A historic home is sited on the lot or parcel;

�� (d) The owner converts the historic home to an accessory dwelling unit upon completion of the new single-unit dwelling; and

�� (e) The accessory dwelling unit complies with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment.

�� (3) An owner that constructs a new single-unit dwelling under subsection (2) of this section may not:

�� (a) Subdivide, partition or otherwise divide the lot or parcel so that the new single-unit dwelling is situated on a different lot or parcel from the accessory dwelling unit.

�� (b) Alter, renovate or remodel the accessory dwelling unit so that the square footage of the accessory dwelling unit is more than 120 percent of the historic home�s square footage at the time construction of the new single-unit dwelling commenced.

�� (c) Rebuild the accessory dwelling unit if the structure is lost to fire.

�� (d) Construct an additional accessory dwelling unit on the same lot or parcel.

�� (4) A county may require that a new single-unit dwelling constructed under this section be served by the same water supply source as the accessory dwelling unit.

�� (5) A county may impose additional conditions of approval for construction of a new single-unit dwelling or conversion of a historic home to an accessory dwelling unit under this section. [2017 c.400 �2; 2023 c.13 �99; 2025 c.38 �38]

NOTICE TO PROPERTY OWNERS

�� 215.503 Legislative act by ordinance; mailed notice to individual property owners required by county for land use actions. (1) As used in this section, �owner� means the owner of the title to real property or the contract purchaser of real property, of record as shown on the last available complete tax assessment roll.

�� (2) All legislative acts relating to comprehensive plans, land use planning or zoning adopted by the governing body of a county shall be by ordinance.

�� (3) Except as provided in subsection (6) of this section and in addition to the notice required by ORS 215.060, at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to amend an existing comprehensive plan or any element thereof or to adopt a new comprehensive plan, the governing body of a county shall cause a written individual notice of land use change to be mailed to each owner whose property would have to be rezoned in order to comply with the amended or new comprehensive plan if the ordinance becomes effective.

�� (4) In addition to the notice required by ORS 215.223 (1), at least 20 days but not more than 40 days before the date of the first hearing on an ordinance that proposes to rezone property, the governing body of a county shall cause a written individual notice of land use change to be mailed to the owner of each lot or parcel of property that the ordinance proposes to rezone.

�� (5) An additional individual notice of land use change required by subsection (3) or (4) of this section shall be approved by the governing body of the county and shall describe in detail how the proposed ordinance would affect the use of the property. The notice shall:

�� (a) Contain substantially the following language in boldfaced type across the top of the face page extending from the left margin to the right margin:

______________________________________________________________________________

�� This is to notify you that (governing body of the county) has proposed a land use regulation that may affect the permissible uses of your property and other properties.

______________________________________________________________________________

�� (b) Contain substantially the following language in the body of the notice:

______________________________________________________________________________

�� On (date of public hearing), (governing body) will hold a public hearing regarding the adoption of Ordinance Number _____. The (governing body) has determined that adoption of this ordinance may affect the permissible uses of your property, and other properties in the affected zone, and may change the value of your property.

�� Ordinance Number _____ is available for inspection at the ______ County Courthouse located at ________. A copy of Ordinance Number _____ also is available for purchase at a cost of _____.

�� For additional information concerning Ordinance Number _____, you may call the (governing body) Planning Department at _________.

______________________________________________________________________________

�� (6) At least 30 days prior to the adoption or amendment of a comprehensive plan or land use regulation by the governing body of a county pursuant to a requirement of periodic review of the comprehensive plan under ORS 197.628, 197.633 and