ADU Fact Sheet

Title 16, Chapter 61 (16.61) of the Estacada Municipal Code (EMC) (PDF), available on the City’s website.

An accessory dwelling unit (ADU) is an independently habitable dwelling that provides shelter, heating, cooking facilities, and sanitation facilities for no more than one family. An ADU is accessory to, and on the same lot as, a primary single-family dwelling, duplex, commonwall dwelling, or multi-family dwelling on the same lot. It may be within or attached to the primary dwelling, or it may be a detached building on the same lot as the primary dwelling. An ADU is distinguishable from a duplex in that, unlike a duplex, it is clearly subordinate to a primary dwelling unit, both in use, size, and appearance.

ADUs are allowed outright as accessory uses in all residential zones (R-1, R-2, and R-3 Zones), as well as the C-2 Commercial-Residential Zone, if in compliance with all of the development standards (such as setbacks, size, appearance, parking, etc.) contained in EMC Chapter 16.61, as well as those development and design requirements of the underlying zone. While there is no ADU application to complete, a building permit must be applied for and granted prior to ADU construction. The building permit application will need to show key features of the proposed ADU, such as egress, fire separation, locations of utility shutoffs, entrances, windows, parking, etc. The City’s Building Official will need to verify that these features are provided and that the structure complies with applicable Building Code requirements on-site before use of the ADU can be approved.

Yes. A permit and approval from the City are necessary in order to ensure that occupied dwelling units are safe and comply with Building Code requirements and the ADU rules adopted by the City Council. An ADU is legal only with an established building permit and approved ADU application. If the City becomes aware of an unpermitted ADU, the City may compel the owner to cease using the dwelling unit, utilizing those remedies available per the Estacada Municipal Code.

ADUs are allowed as accessory uses in all residential zones (R-1, R-2, and R-3 Zones), as well as the C-2 Commercial-Residential Zone, if in compliance with all of the development standards (such as setbacks, size, appearance, parking, etc.) contained in EMC Chapter 16.61, as well as those development and design requirements of the underlying zone.

Only one ADU is allowed per lot of record. However, if a lot happens to have two legal, detached (primary) single-family dwellings, each of those dwellings may have its own ADU, per State law.

No. The City of Estacada does not have an “owner occupancy requirement” for ADUs.

Yes. An ADU can be no larger than 900 square feet. However, if an attached ADU (“accessory suite”) occupies the entire basement of a home, then it can be up to 1200 square feet. There is no minimum size for an ADU.

The maximum height for an ADU is the same as that for any other dwelling allowed in the zone.

The minimum side and rear yard setbacks for a detached ADU shall be the same as for dwellings in the subject zone. However, if the ADU abuts an alley, the minimum rear yard setback is 5 feet.

An existing garage structure or other outbuilding may be converted to an ADU, provided that the structure complies with the setback standards for the primary structure as prescribed in the underlying zone, applicable building codes, and all other standards in EMC Chapter 16.61.

Because an ADU is a distinct dwelling unit, it must have its own utilities and shut-off access, except as the Building Code or Building Official may allow. The creation of an “accessory suite” (an attached ADU) must also have fire and sound separations as required by Building Code and/or Building Official.

Although not required, we recommend that you hire a professional to assist in the design and development process.

For the complete listing of requirements for accessory dwelling units please refer to EMC Chapter 16.61 – Accessory Dwelling Units.