To be in compliance with state law, city has to revise its regulations on accessory dwelling units

GRAPHIC FILE PHOTO - Accesssory dwelling units (ADUs) can now be legally construced in Dundee following passage of an ordinance by the town's city council in June.

In 2017, the Oregon Legislature passed Senate Bill 1051 requiring cities with populations of more than 2,500 residents to allow construction of accessory dwelling units (ADUs). In compliance with the new state law, the city of Dundee passed in June an ordinance to allow ADUs in all residential zones.

Dundee did not allow ADUs prior to the passage of the state bill and the city ordinance.

"Prior to the adoption of (the ordinance), ADUs were not permitted in Dundee," City Administrator Rob Daykin said. "I don't recall if there ever was a request to council to consider amending the code to all ADUs previously."

However, after several meetings with the city planning commission and through workshops and a public hearing, the council penned a few revisions and requested it be returned to the council on June 19 for consideration. The final draft passed council muster June 19 and goes into effect Thursday.

The authors of SB 1051 said the legislation was designed to address the lack of affordable housing in the state. In Dundee, the amendments to the ordinance adds to housing options available in town.

The new code:

- Does not to allow detached ADUs for existing single family homes in industrial or commercial zones since the intention is to have these properties eventually develop with commercial or industrial uses.

- Increases the maximum ADU size from 800 to 900 square feet or the smaller of 50 percent of the primary dwelling's floor area.

- Requires a maximum building height of 20 feet for detached ADUs to minimize impacts on neighboring properties.

- Requires off-street parking space.

- Does not allow ADUs to be used as vacation home rentals.

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