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Salem, OR Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
SRC 700.007(a)(6)
Rule
ADUs barred from short-term/accessory short-term rental use
Max ADU size
900 sq ft or 75% of main building
Lot limit
One ADU per lot
Detached ADU height cap
25 feet
Lot coverage cap (with ADU)
60 percent

Summary

Salem bars accessory dwelling units from operating as short-term rentals or accessory short-term rentals. The rule sits in the special-use standards at SRC 700.007(a)(6), and applies to every ADU in the city regardless of zone once the unit is designated a special use.

(6)Other uses. Accessory dwelling units shall be prohibited from being used as short-term rentals or accessory short-term rentals.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 26 Update 1).

Full Breakdown

007, accessory dwelling units are a special use permitted in most residential zones, but subsection (a) sets standards that override any conflicting UDC provision, and subsection (a)(6) flatly prohibits using an ADU as either a short-term rental or an accessory short-term rental. 006. The code also caps ADU size at 900 square feet or 75 percent of the main building's gross floor area, whichever is less, limits a lot to one ADU, and requires detached ADUs to sit in the side or rear yard with setbacks as narrow as 3 feet on the interior side and as little as 1 foot from an alley.

Detached ADUs also count toward the property's overall 60 percent lot-coverage ceiling and cannot exceed 25 feet in height. Ownership cannot be split from the main house parcel, and the ADU must be in a lawfully built structure that meets building code, not a tent, RV, or vehicle. The rental restriction is enforced through the City's code compliance process for special-use violations, and an ADU found operating as a short-term rental would be treated as a UDC use violation subject to the enforcement remedies in SRC chapter 20, including citation and required correction.

Violations & Fines

Renting an ADU short-term is a UDC use violation, not a permitted deviation. Because SRC 700.005(d) blocks conditional-use approval as a workaround for special-use standards, a property owner cannot apply for relief; the City's code enforcement division pursues compliance under SRC chapter 20, which can include a notice of violation, civil penalties, and an order to cease the rental use until the ADU reverts to standard occupancy.

Frequently Asked Questions

Can I list my Salem backyard ADU on Airbnb?
No. SRC 700.007(a)(6) specifically prohibits accessory dwelling units from being used as short-term rentals or accessory short-term rentals, regardless of zone. The restriction applies even though the city allows short-term rentals in the primary residence under a separate section.
Does this rule apply to attached and detached ADUs alike?
Yes. Subsection (a) of SRC 700.007 sets standards for 'all accessory dwelling units,' and the short-term rental ban is listed under that subsection, so it covers both attached and detached ADUs equally, not just detached units in the backyard.
Can I get a variance to allow short-term rental of my ADU?
No. SRC 700.005(d) states that deviation from special-use standards can only happen through conditional use approval, and separately confirms ADUs are excluded from that path; adjustment or variance approval under SRC chapters 245 and 250 does not reach the short-term rental prohibition itself.

Sources & Official References

Other rules in Salem

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