How Salem Handles Accessory Structures: A Practical Guide

Salem maintains 90 local ordinances across all categories, and 9 of those deal specifically with accessory structures. Here is a breakdown of what the city actually requires, what is prohibited, and where Salem falls on the strict-to-permissive spectrum compared to other cities.

Carport Rules

Salem regulates carports and accessory structures through UDC Chapter 800. Structures must meet setback, height, and lot coverage limits. Pre-approved carport plans are available from the city to streamline permitting.

Key details: Max height (residential): 15 feet. Min property line setback: 3 feet (unrated structures). Max rear yard coverage: 25% of rear yard area. Permit exemption threshold: Under 200 sq ft, under 10 ft tall.

Unpermitted structures exceeding size or setback limits are subject to code enforcement, stop-work orders, and required removal or modification under SRC Ch. 59.

Tiny Homes

Salem permits tiny homes on foundations as accessory dwelling units (ADUs) subject to SRC 700.007 standards. Detached ADUs may not exceed 800 sq ft and must meet setback, height, and building-code requirements applicable to the zone.

Key details: Max ADU size: 800 sq ft (detached). Side/rear setback: 4 feet minimum. Max height: 25 feet. Short-term rental: Prohibited in ADUs. Code section: SRC 700.007.

Unpermitted ADUs or violations of size/setback standards are subject to code enforcement, stop-work orders, and fines under SRC general penalty provisions.

ADU Permits

Salem permits accessory dwelling units as a 'special use' under Salem Revised Code (SRC) Chapter 700, Section 700.007, accessory to a detached single-family dwelling. No discretionary land use application is required where the special-use standards are met, but a building permit from Salem Community Development is required. One ADU is permitted per lot, with detached units up to 800 square feet and attached units capped at 800 sq ft or 50% of the primary dwelling's living area, whichever is less. Oregon HB 2001 (2019) and ORS 197.312 require cities of 2,500 or more to allow ADUs on single-family lots, which Salem (population over 175,000) implements through Chapter 700.

Key details: Code Section: SRC 700.007 (UDC Ch. 700). ADUs Per Lot: 1 (one). Max Detached Size: 800 sq ft. Max Attached Size: 800 sq ft or 50% of primary. State Preemption: HB 2001 / ORS 197.312.

Building or occupying an ADU without permits violates SRC Chapter 700 and the Oregon Residential Specialty Code, triggering stop-work orders from Salem Community Development, after-the-fact permit fees, mandatory exposure of concealed framing and mechanicals for inspection, and possible orders to remove non-compliant work. Zoning violations of SRC 700.007 can be abated under SRC Chapter 95 (Code Enforcement) with daily civil penalties and injunctive relief in Marion County Circuit Court. Unpermitted electrical or plumbing work voids homeowner insurance and creates title problems on resale.

Salem is more permissive than most cities when it comes to adu permits. That said, there are still limits.

ADU Owner Occupancy

Salem does not require owner-occupancy of either the primary dwelling or the ADU. Oregon House Bill 2001 (2019), codified at ORS 197.312, preempts local owner-occupancy mandates on ADUs in cities of 2,500 or more population. Salem Revised Code 700.007 contains no owner-occupancy condition, so investor-owners can build an ADU and rent both the main house and the ADU to separate long-term tenants. The only exception is short-term rental use, which Salem prohibits for ADUs entirely under SRC 700.007.

Key details: Owner Occupancy: Not required. State Preemption: ORS 197.312 / HB 2001 (2019). Salem Code: SRC 700.007 (no occupancy clause). Investor Use: Permitted for long-term rental. STR Use: Prohibited for ADUs (SRC 700.007).

Because Salem does not impose owner-occupancy, there is nothing to enforce against an owner who rents both the principal dwelling and the ADU long-term. If Salem (or an HOA) attempted to enforce owner-occupancy on an ADU contrary to ORS 197.312, the owner could seek declaratory relief in Marion County Circuit Court. Renting an ADU as a short-term rental (under 30 days) violates SRC 700.007 separately - that prohibition is enforceable under SRC Chapter 95 code enforcement with daily civil penalties.

Salem is more permissive than most cities when it comes to adu owner occupancy. That said, there are still limits.

ADU Impact Fees

Salem City Council has waived System Development Charges (SDCs) on accessory dwelling units, eliminating the largest single up-front fee for ADU construction. ADU applicants still pay Salem building, electrical, plumbing, and mechanical permit fees under the Oregon Residential Specialty Code (adopted under ORS 455), Marion County or Polk County recording fees if any easements are recorded, and the Oregon statewide Construction Excise Tax on residential construction. The SDC waiver pairs with free city-published Ready-Build plans to make Salem one of the more affordable Oregon jurisdictions for ADU production.

Key details: SDC Waiver: Yes - waived by Salem City Council. Building Permit: Salem Community Development. Construction Code: Oregon Residential Specialty Code (ORS 455). Construction Excise Tax: ORS 320.170 - 320.195. Ready-Build Plans: Free city plans (under 600 sq ft).

Failure to pay required permit fees prevents Salem Community Development from issuing a building permit or Certificate of Occupancy. Unpermitted construction to avoid permit fees: stop-work order, after-the-fact permit fees (typically double), mandatory exposure of concealed work for inspection. Misrepresenting ADU size or construction value to reduce fees can void the permit and trigger code-enforcement penalties under SRC Chapter 95.

The rules around adu impact fees in Salem lean permissive, but that does not mean anything goes.

ADU Rental Restrictions

Salem ADUs may be rented as long-term housing with no owner-occupancy requirement, but Salem Revised Code 700.007 requires tenancies of at least 30 consecutive days, prohibiting Airbnb-style short-term rental of the ADU itself. Short-term rental of the primary dwelling on the same lot is separately permitted under SRC Chapter 30 with a city Short-Term Rental License (approximately $161 annual renewal). Long-term tenancies are governed by Oregon's statewide Residential Landlord-Tenant Act (ORS Chapter 90), including rent-stabilization caps under SB 608 (ORS 90.323) and just-cause eviction protections under ORS 90.427.

Key details: Min Tenancy: 30 consecutive days (SRC 700.007). ADU STR Use: Prohibited. Primary STR License: SRC Ch. 30, ~$161 annual. Rent Stabilization: SB 608 / ORS 90.323 (15+ year buildings). Just-Cause Eviction: ORS 90.427.

Operating an ADU as a short-term rental violates SRC 700.007 and triggers code-enforcement action under SRC Chapter 95: written notice, daily civil penalties accruing until cured, and possible injunction in Marion County Circuit Court. Operating an unlicensed STR of the primary dwelling violates SRC Chapter 30, with license-fee back-payment plus penalties and possible cease-and-desist orders. Failure to remit transient lodging tax exposes the operator to Salem Finance Department collection action plus interest. Landlord-tenant disputes (security deposits, evictions, habitability) are handled by Marion County or Polk County Circuit Court under ORS Chapter 90; just-cause violations under ORS 90.427 carry a statutory tenant remedy of three months' rent plus actual damages.

ADU Rules

Salem permits ADUs per Oregon state law and UDC regulations. Detached ADUs up to 800 sq ft and attached ADUs up to 50% of primary dwelling or 800 sq ft are allowed. Detached ADUs may be up to 20 feet tall.

Key details: Detached ADU: Up to 800 sq ft. Attached ADU: 50% of primary or 800 sq ft max. Height: 20 feet for detached (varies by zone). State Law: ORS 197.312 — ADUs required. Owner Occupancy: Cannot be required per state law.

Unpermitted ADUs face code enforcement action. Units not meeting building code may be ordered vacated.

Shed Rules

Salem allows sheds and accessory structures. Small sheds under 200 sq ft and single-story are typically exempt from building permits per Oregon building code. Zoning setbacks still apply.

Key details: Permit Exempt: Under 200 sq ft, single-story. Setbacks: Must comply with UDC requirements. Front Yard: Not permitted. Over 200 sq ft: Permit required.

Sheds violating setbacks or exceeding size limits without permits may require relocation, removal, or retroactive permitting.

The rules around shed rules in Salem lean permissive, but that does not mean anything goes.

Garage Conversions

Garage conversions in Salem require building permits. Under Oregon ADU law, garage conversions to ADUs are encouraged and parking replacement requirements are limited by state law.

Key details: Building Permit: Required. Parking Replacement: Limited by Oregon ADU law. Standards: Oregon Residential Specialty Code. ADU Conversion: Encouraged by city housing plan.

Unpermitted conversions face code enforcement. Non-compliant spaces may need to be restored or properly permitted.

The Bottom Line

Compared to many U.S. cities, Salem gives residents more room on accessory structures. 4 of the 9 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

All of the above reflects Salem's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.