Orange County's short-term rental ordinance (Zoning Code Section 7-9-93) for unincorporated areas does NOT require the home to be the owner's primary residence. Non-owner-occupied whole-home rentals are allowed with a permit. The only residency-style restriction is that Accessory Dwelling Units cannot be used as short-term rentals.
It is important to state this accurately: a full reading of Zoning Code Section 7-9-93 shows no primary-residence or owner-occupancy requirement for short-term rentals in unincorporated Orange County. The section permits short-term rentals in single-family, multifamily, and qualifying commercial-district residential units subject to a Director-approved permit, without conditioning eligibility on the owner living at the property. The County's purpose statement focuses on traffic, noise, parking, and neighborhood character, not on owner-occupancy. The one related limitation is structural rather than residency-based: Section 7-9-93(e) provides that 'Accessory Dwelling Units shall not be used as short-term rentals,' so a granny flat or ADU is excluded even though the primary dwelling on the same parcel may qualify. The ordinance also provides that a change in ownership terminates the permit, and it requires the owner to record the primary adult occupant's identity and a signed responsibility acknowledgement before occupancy; but neither of these establishes a primary-residence mandate. By contrast, some incorporated Orange County cities (for example, certain coastal cities) do impose owner-occupancy or primary-residence rules in their own ordinances, but those city rules do not apply in unincorporated County territory.
Because there is no primary-residence requirement in Section 7-9-93, there is no violation tied to renting a non-owner-occupied home. The actionable structural limit is using an ADU as a short-term rental, which is prohibited.
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