ADU Rules: Midway City vs Newport Beach
How do adu rules rules compare between Midway City, CA and Newport Beach, CA?
Midway City has fewer restrictions than Newport Beach.
Midway City, CA
Orange County
Unincorporated Orange County allows ADUs on any residentially zoned lot under OC Zoning Code (Title 7, Division 9) and California Government Code §65852.2 (ADUs) and §65852.22 (JADUs). State law preempts most local restrictions: minimum 800 sqft, 16 ft height, and 4 ft side/rear setbacks must be allowed by right.
View full Midway City rules →Newport Beach, CA
Orange County
Newport Beach allows accessory dwelling units under NBMC Chapter 20.48 in compliance with California ADU law. The city has adopted specific development standards for ADUs including size limits, setbacks, and parking requirements.
View full Newport Beach rules →Key Facts Comparison
| Fact | Midway City | Newport Beach |
|---|---|---|
| State Law | Cal. Gov. Code §65852.2 (ADU) & §65852.22 (JADU) | - |
| Local Code | OC Zoning Code Title 7, Division 9 | - |
| Max Detached ADU | 1,200 sqft | - |
| Max JADU | 500 sqft (within existing dwelling) | - |
| Setbacks | 4 ft side/rear (state minimum) | - |
| Height | 16 ft minimum allowed; up to 18-25 ft per state law | - |
| Parking | None required if within 1/2 mi of transit or garage conversion | - |
| Owner-Occupancy | Required when JADU is present (§65852.22) | - |
| Max Size (Detached) | - | 1,200 sq ft |
| JADU Max Size | - | 500 sq ft |
| Side/Rear Setback | - | 4 feet |
| Height Limit | - | Generally 16 feet |
| Code Section | - | NBMC Chapter 20.48 |
Highlighted rows indicate differences between cities.
Midway City FAQ
Can I build an ADU on my unincorporated Orange County lot?
Yes — state law (Cal. Gov. Code §65852.2) requires the County to allow at least one ADU on any lot zoned for residential use, including single-family and multifamily zones. Minimum lot size requirements are preempted.
Do I need to live on the property to rent out an ADU?
No owner-occupancy is required for a standalone ADU under §65852.2. However, if you build a JADU under §65852.22, the owner must occupy either the primary dwelling or the JADU.
How tall can my detached ADU be?
State law guarantees at least 16 ft. Properties within 1/2 mile of transit or on multifamily lots can go up to 18 ft (single-story) or 25 ft (two-story) per Gov. Code §65852.2(c)(1)(D).
Newport Beach FAQ
Can I build an ADU in Newport Beach?
Yes. ADUs are permitted in all residential zones under NBMC Chapter 20.48 and California ADU law. Ministerial approval is required within 60 days for compliant applications.
Do I need extra parking for my ADU?
One parking space is required per ADU unless the property is within a half-mile of public transit or meets other state-law parking exemptions.
Can I Airbnb my ADU?
ADUs approved after January 1, 2020 cannot be used as short-term rentals (under 30 days) under California state law.
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