Salem, OR - ADU Regulations

Rules and regulations for building an ADU.

ADU info for

Salem

  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU and 1 JADU
  • Max ADU Size
    1,200 SQFT
  • Eligibility
    most single-family and multi-family zoned properties
  • Setbacks
    minimum 4-foot setback from the side and rear property lines
  • Parking Requirements
    limited requirements, especially if the property is near public transit
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU
  • Max ADU Size
    750 SQFT
  • Eligibility
    R-5, R-4, and R-4A-zoned lots
  • Setbacks
    minimum 7-foot setback from the side and 15-foot rear property lines
  • Parking Requirements
    limited requirements, especially if the property is near public transit
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    2 ADU
  • Max ADU Size
    1,000 SQFT (typically)
  • Eligibility
    Most residential zones
  • Owner Occupancy
    not required*
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU
  • Max ADU Size
    800-900 SQFT (typically)
  • Eligibility
    Varies but typically cities with population over 2,500; Counties over 15,000
  • Owner Occupancy
    Not required for most cases
  • Key Note
    Urban Growth Boundaries (UGBs) affect development location
  • ADU allowed?
    YES
  • Number of ADUs allowed?
    1 ADU
  • Max ADU Size
    Read details below.
  • Eligibility
    Read details below.
  • Setbacks
    Read details below.
  • Parking Requirements
    limited requirements, especially if the property is near public transit

Understand ADU zoning rules for

Salem

With Gather, designing your ideal ADU is a breeze. We manage all the planning and permitting paperwork, ensuring you enjoy a seamless experience and complete peace of mind.

Talk to a zoning expert
Schedule a free 30-minute call or call us now (323) 591-3717

Different types of ADUs allowed in

Salem

Though backyard homes are typically the most familiar, ADU structures come in various types. The illustration below shows the four primary types of ADU structures.

ADUs can be built using a variety of construction methods, including pre-fabricated, modular, shed, container, panelized (in pieces), and stick-built. Each construction method has its own advantages and disadvantages in terms of cost, time, and customization.

detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU
detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU
detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU
detached adu
Detached ADU
garage conversion adu
Garage Conversion ADU
addition / attached adu
Addition / Attached ADU

ADU regulations for

Salem

In a proactive effort to combat the ongoing housing crisis, the State of California has adopted specific regulations to promote the construction and utilization of Accessory Dwelling Units (ADUs). Here's an expanded and comprehensive breakdown of the key points:

1. Purpose and Prominence: California recognizes the potential of ADUs in providing affordable housing options. Given the state's dense urban centers and escalating property prices, ADUs present a viable solution to address the growing demand for residential spaces.

2. Eligibility for Establishment: Both single-family homes and multifamily properties can host an ADU.

3. Size Considerations: For detached ADUs, the maximum allowable size is up to 1,200 square feet.
The actual size of an ADU might vary depending on specific factors such as the total lot area and the size of the primary dwelling on the property.

4. Parking Norms: The state mandates limited parking requirements for ADUs.
If an ADU is situated near public transit, these parking stipulations may be even less stringent, facilitating easy construction and usage.

5. Owner-Occupancy: Historically, some jurisdictions required the property owner to live in either the primary home or the ADU. However, for ADUs permitted between 2020 and 2025, the state does not enforce such owner-occupancy requirements, allowing for greater flexibility in usage.

6. Setback Rules: For detached ADUs, there's a minimum setback requirement of 4 feet from both the rear and side yard boundaries.

7. Approval Process: Cities across the state are obligated to approve compliant ADU applications within a span of 60 days. This streamlined process ensures quick turnarounds and encourages homeowners to consider ADU development.

8. Fee Structure: To further incentivize ADU establishment, the state has reduced or completely waived fees for ADUs that are less than 750 square feet. This can translate to significant savings for property owners.

9. Rental Conditions: If an ADU meets the stipulated requirements laid out by the city, it must be available for rental. This regulation ensures that ADUs actively contribute to alleviating housing shortages.

10. Local Jurisdictional Variances: While the above guidelines provide a general framework, it's crucial to note that local jurisdictions might have their unique sets of regulations and requirements. Property owners should consult their respective city or county planning departments to get precise and localized information.

In conclusion, as California grapples with housing challenges, ADUs offer a promising avenue to augment living spaces without the need for expansive new developments. These guidelines, though comprehensive, serve as a starting point, and it's always recommended to liaise with local experts for tailored advice.

State laws (RCW 36.70A.680 and 36.70A.681) mandate that all local governments under the Growth Management Act (GMA), irrespective of size and including both cities and counties within unincorporated urban growth areas, update their regulations to align with specific criteria within six months following their scheduled update. The key directives include:

  1. ADUs per Lot: Urban areas within the GMA must allow at least two ADUs on any lot that qualifies by size, in addition to the main residence. These ADUs can be attached, detached, or a mix, and converting structures like garages into ADUs must be permitted.
  2. Size Requirements: ADUs cannot be restricted to under 1,000 square feet.
  3. Design and Location Standards: Restrictions on setbacks, lot coverage, tree preservation, or entrance placements cannot be stricter than those for the main home.
  4. Street Upgrades: ADUs cannot be subjected to demands for street improvements as a permit condition.
  5. Owner Occupancy: Requirements for the homeowner to live on-site are prohibited for both the main and accessory units.
  6. Condominium Sales: It’s not allowed to block the sale of a condominium developed as an ADU on the basis that it’s an ADU.
  7. Design Review: ADUs cannot face stricter aesthetic or design criteria than the primary residence.
  8. Parking: Parking requirements are limited, with specific conditions for smaller lots and exemptions for ADUs near major transit hubs.
  9. Impact Fees: Charges for ADUs are capped at 50% of those for the main house.
  10. Common Interest Communities: New developments with homeowners associations are barred from implementing rules against ADU construction. However, existing regulations can remain.

These regulations aim to encourage the development of ADUs, offering more housing options within urban growth areas.

Since July 1, 2018, most Oregon cities and counties allow homeowners to build Accessory Dwelling Units (ADUs) on residential properties. However, local rules on ADU size, placement, and design must be followed. Each area has its own rules for:

  1. How big the ADU can be;
  2. Where it can be located; and
  3. If it needs to look like the main house.

Local governments also have different processes for giving permits and may charge fees for building an ADU. These fees, including impact fees or system development charges, can vary a lot. Some places might not charge these fees at all, while others could charge $15,000 or more for each ADU.

In Oregon, the rules for creating Accessory Dwelling Units (ADUs) set standards to boost housing while keeping communities looking good. Understanding Oregon's ADU laws is crucial for compliance and making the most of ADU benefits. Cities must have over 2,500 people, and counties over 15,000, to fall under the ADU mandate. This supports urban housing needs. Urban Growth Boundaries (UGBs) define where ADUs can be built, promoting smart growth and land use without harming Oregon's landscapes.

Oregon's ADU laws aim to increase affordable housing. They require local governments to process ADU applications efficiently, especially in urban areas. State laws stop local rules from demanding owners live in ADUs or provide extra parking, except for vacation rentals. Setback requirements ensure ADUs are well-placed, respecting privacy and the environment. Oregon encourages updating local ADU rules to match state standards, making it easier to build ADUs and help with housing shortages.

Design and siting rules for Oregon ADUs ensure they fit well with urban settings and offer design flexibility. Oregon prefers less restrictive rules for ADUs compared to other buildings, aiming to increase housing options responsibly. The state simplifies ADU regulations, replacing complex zoning laws with clearer, state-wide standards. This helps reduce red tape and encourage ADU construction.

Oregon's approach to ADUs, including size restrictions and utility connection guidelines, is designed to integrate ADUs smoothly into neighborhoods, addressing housing needs. ADUs can't be too large compared to the main house, and shared utility connections are encouraged to keep costs down. This effort shows Oregon's commitment to innovative, affordable housing solutions.

  • Oregon ADU laws establish criteria to support housing while maintaining community aesthetics.
  • Cities over 2,500 people, and counties over 15,000, need to allow ADU construction per state mandates.
  • Urban Growth Boundaries (UGBs) are key to ADU development, limiting expansion within set geographic areas.
  • The state prohibits local ordinances from requiring owner occupancy or off-street parking for ADUs, except for vacation rentals.
  • Oregon mandates setback requirements for ADUs to ensure privacy and environmental standards.
  • Local governments in Oregon must update regulations to align with state ADU codes, promoting consistent and simplified ADU development.
  • Oregon ADU laws facilitate affordable housing by removing barriers to ADU construction and simplifying the application process.
  • Design standards for ADUs in Oregon are clear and objective, not requiring ADUs to mimic the primary residence's architecture.
  • Oregon's policies allow ADUs more flexibility in development compared to other accessory structures, avoiding strict lot size or coverage constraints.
  • ADUs in Oregon are subject to size limitations, generally not exceeding 75-85% of the primary dwelling's floor area, with specific square footage caps.
  • The state encourages the use of shared utility connections for ADUs to lower construction and development costs.
  • Oregon's comprehensive ADU regulations aim to expand housing options, reduce bureaucracy, and accommodate the state's diverse housing needs.
  • Why Homeowners Choose Gather

    Your one-stop ADU platform

    With Gather, you're not just building an ADU — you're cultivating peace of mind. Our end-to-end guidance and ongoing support mean every decision is informed, every step is intentional, and every outcome exceeds expectations. With us, your dream ADU is within reach. Here is what we do:

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    Design your perfect ADU

    With Gather, designing your ideal ADU is a breeze. We manage all the planning and permitting paperwork, ensuring you enjoy a seamless experience and complete peace of mind.

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    City Snapshot

    Salem

    175,754
    Population
    Median Household Income

    Salem, Oregon, is the state capital and a vibrant city with a population of approximately 175,754. Known for its historical significance, government institutions, and thriving cultural scene, Salem offers a blend of urban convenience and suburban charm.

    Geography and History

    Located in the Willamette Valley, Salem is positioned along the Willamette River. Established in the mid-19th century, it has grown from a small pioneer settlement into Oregon's political and cultural hub. The city is home to the Oregon State Capitol and numerous historical landmarks.

    Local Economy

    Salem’s economy is supported by several key sectors:

    • Government: As the state capital, government-related jobs are a major economic driver, including positions at state agencies and the Oregon State Capitol.
    • Healthcare: Facilities like Salem Health provide medical services and contribute significantly to the local economy.
    • Education: Institutions such as Willamette University and Chemeketa Community College support the city's educational and cultural landscape.
    • Retail and Services: Salem has a diverse commercial sector, including shopping centers, restaurants, and service providers.
    • Manufacturing: The city hosts various manufacturing industries, including food processing and high-tech companies.

    Popular Neighborhoods

    Salem offers a range of neighborhoods catering to different lifestyles:

    • Downtown Salem: Known for its historic buildings, government offices, and cultural attractions.
    • South Salem: Features established neighborhoods with access to parks and schools, offering a suburban feel within city limits.
    • North Salem: Includes a mix of residential areas and commercial developments, providing a balance of convenience and tranquility.
    • West Salem: Offers scenic views, including access to the Willamette River and natural areas, popular with families and outdoor enthusiasts.
    • Keizer: A neighboring city with a suburban feel and close proximity to Salem’s amenities.

    Real Estate Market

    Salem’s real estate market is characterized by its relative affordability compared to major Oregon cities like Portland. The market includes a variety of housing options, including single-family homes, townhomes, and apartments, with property values reflecting the city’s appeal as a desirable and accessible place to live.

    ADU Regulations in Salem

    Salem has established Accessory Dwelling Unit (ADU) regulations to support the development of additional residential units. These regulations align with Oregon state laws and aim to enhance housing availability and address local needs.

    • Zoning: ADUs are permitted in residential zones, including single-family and multi-family districts.
    • Types of ADUs: Both attached and detached ADUs are allowed, as well as Internal ADUs (IADUs).
    • Size Limits:
      • Detached ADUs: Up to 800 sqft.
      • Attached ADUs: Up to 50% of the primary dwelling's living area or 800 sqft, whichever is less.
      • IADUs: No specific size limit, but must comply with overall zoning and building code requirements.
    • Height Restrictions: Detached ADUs are generally limited to 20 feet in height, though specific limits may vary depending on zoning and site conditions.
    • Parking: Generally, no additional parking is required for ADUs if located within a designated transit area or if the ADU is replacing existing parking spaces.
    • Owner Occupancy: As of 2020, there is no owner-occupancy requirement for ADUs, but the property owner must live on the property if an IADU is constructed.
    • Approval Process: ADUs that meet specific criteria are eligible for ministerial approval, streamlining and expediting the approval process.
    • Multiple ADUs: In multi-family properties, additional ADUs may be allowed based on zoning and site conditions.
    • Impact Fees: Reduced impact fees may apply to ADUs to encourage their development.
    • Design Standards: ADUs must be designed to be compatible with the primary residence and fit the character of the neighborhood.

    These regulations aim to facilitate ADU development and increase housing options in Salem.

    Cultural Landmarks and Unique Aspects

    Salem is known for several unique aspects and cultural landmarks:

    • Oregon State Capitol: A historic building and the seat of the state government, featuring beautiful architecture and public tours.
    • Willamette University: A prominent institution of higher education with a significant impact on the city’s cultural and academic life.
    • Bush’s Pasture Park: A large public park with gardens, trails, and historical features, popular for recreation and community events.
    • Salem Riverfront Park: Offers walking paths, a carousel, and views of the Willamette River, enhancing the city’s recreational opportunities.
    • The Gilbert House Children’s Museum: A family-friendly attraction offering interactive exhibits and educational programs.

    Salem’s ADU regulations reflect the city’s commitment to increasing housing options and accommodating growth. With its diverse neighborhoods, strong economy, and cultural landmarks, Salem provides a desirable living environment. The city’s approach to ADU development supports its goals of enhancing housing availability and improving community life.

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    Frequently Asked Questions

    What is an ADU and how can you help me build one?

    An ADU, or Accessory Dwelling Unit, is also known as a tiny home, granny flat, in-law unit, or garage apartment. We help homeowners by providing expert guidance and tools to navigate the process of building an ADU, from zoning and permitting, to design and size considerations, to cost estimation, and through the construction process itself.

    How can I determine if my local area allows for ADU construction?

    Our services include assistance with zoning and permitting. We help you identify your property's specific zoning requirements and the necessary permits for ADU construction, ensuring your project stays compliant with local regulations.

    What does the construction process for building an ADU look like?

    We offer information and resources on the construction process, timelines, and best practices for building an ADU. Additionally, we have a network of trusted builders you can partner with to ensure a seamless, efficient, and high-quality build for your ADU.

    What is included in your feasibility report for building an ADU?

    With the Gather Feasibility Report, you can confidently embark on your ADU journey, knowing you've got a solid foundation and a clear roadmap to success. Let us help you transform your space into a functional, comfortable, and profitable asset today.

    We
       
    1) Thoroughly analyze your property records for a tailored assessment,        
    2) Work with city and county authorities on your behalf for a hassle-free experience,        
    3) Secure a preliminary "pre-approval" from city/county for your peace of mind,        
    4) Deliver a comprehensive report document detailing your property's ADU possibilities.            

    Embark on your ADU adventure with Gather ADU, and make the most of your property's potential without the stress or hassle.

    Do I have to commit to the entire ADU construction project right away?

    No, it isn't required. GatherADU offers support at every step of the ADU process, allowing you to proceed without making an immediate full commitment. You have the flexibility to progress at your own pace and opt for pay-as-you-go.

    Where does GatherADU operate?

    GatherADU provides ADU design and planning services nationwide with focus on California, Washington, Oregon, and Georgia.