Oregon’s ADU law separates ordinary siting and design rules from local regulation of a defined type of vacation stay. That distinction matters if you are checking whether an owner must live on the property, whether additional parking can be required, or whether a short-stay use changes the answer.
First confirm the statutory ADU pathway
ORS 197A.425 applies to cities with populations above 2,500 and counties above 15,000. It requires those local governments to allow at least one ADU for each detached single-unit dwelling in areas inside an urban growth boundary that are zoned for detached single-unit dwellings. The ADU can be interior, attached, or detached, and remains subject to reasonable local siting and design regulations.
For an ADU within that subsection, reasonable siting and design regulations do not include an owner-occupancy requirement for either the primary or accessory structure, or a requirement to construct additional off-street parking. This rule does not make every parcel eligible, remove other applicable building or land-use requirements, or establish that a particular unit was legally approved. Check the address, urban growth boundary, zoning, unit classification, and current local code with the city or county.
Check whether the stay is a defined vacation occupancy
Subsection (2) preserves local authority to regulate “vacation occupancies,” as defined in ORS 90.100, including by requiring owner occupancy or off-street parking. For a dwelling, the statutory definition requires all of these conditions: the occupant rents it for vacation purposes only, not as a principal residence; the occupant has another principal residence; and the authorized occupancy period is no more than 45 days. Hotel and motel transient occupancy is excluded from this definition.
The 45-day limit alone does not make a booking a vacation occupancy. Purpose and the occupant’s other residence are also part of the definition. Equally, the vacation-occupancy provision should not be read as a general rule that every short-term rental must meet those vacation conditions or that every local restriction is displaced. Check how the local government classifies the intended use and what requirements it applies to that category.
Use the right local rule
Ask the planning or licensing authority to identify the applicable ADU pathway and the rule for the proposed occupancy period. Review current zoning and lodging rules, the ADU permit and occupancy record, and any separate licence or recorded condition. Rural-residential properties, parcels outside the stated urban-growth-boundary pathway, and other unit types may be governed by different provisions. The statute does not decide a property’s permit history, private restrictions, or eligibility for a particular rental licence.
Before relying on an answer, read the current text of ORS 197A.425 and ORS 90.100 and request written clarification for the address if the distinction affects a permit, tenancy, or rental plan.