Code Amendments
Code Amendments
The Benton County Community Development Department is responsible for managing and implementing the Benton County Code Chapters 50 through 100 (aka the Development Code). As needed, the Benton County Board of Commissioners at their own volition or at the request of staff or the Planning Commission may initiate code amendments to the Development Code. This page provides a list of any code amendment processes that have been initiated.
Proposed Code Amendments
The following topics have been identified as being timely candidates for code amendments. All code amendments go through a public hearing process. For the more complex or controversial topics, public meetings may be held prior to the public hearings to encourage discussion and exploration of the topic before the proposed amendments are fully drafted. As determined through discussions with the Planning Commission and the Board of Commissioners, staff research and feedback from the public either at public meetings or at the public hearings, the proposed code amendments may or may not move forward. The Department of Land Conservation and Development also reviews and provides comments on all proposed amendments.
Recently Approved Code Amendments
Accessory Dwelling Unit Code Amendments
Owners of residentially zoned property within urban growth boundaries (outside of city limits) in Benton County may apply to establish an accessory dwelling unit (ADU). Within city limits, contact the city to determine whether an ADU is allowed.
ADUs are subject to several standards that, in summary, include:
- 1 ADU per single-family dwelling
- Maximum habitable space of 900 square foot
- Maximum attached garage of 300 square feet
- Maximum of 2 bedrooms and 2 bathrooms
- Demonstration of 50% greater well-water supply than is required of a single-family dwelling
- Located no more than 200 feet from single family dwelling
- Road approach to be shared with single-family dwelling, and driveway to meet fire district requirements
- Short-term rental (less than 30 days) prohibited for both the ADU and single-family dwelling
- Compliance with building code, septic system rules and road approach regulations
Benton County has prepared an overview of ADU Development Code Standards. Refer to Chapter 91 of the Development Code for the full requirements.
Currently, the Development Code indicates that either the ADU or the original dwelling must be owner occupied, but a recent state statute (HB 2001) overrides that requirement. Properties on which an ADU is built are no longer required to be owner occupied.
The standards were developed and adopted through a local public process. The standards are intended to be consistent with the goal of expanding affordable housing opportunities in the County, while continuing to protect neighboring properties from negative impacts and environmental hazards.
Oregon Senate Bill 1051 was developed with the primary purpose of expanding housing opportunities within the state and, among other things, required most local jurisdictions to allow ADUs within urban growth boundaries.