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Zoning officer: ADUs are legal but cannot be used as short‑term rentals

Newport City Council & Planning Board (joint workshop) · February 5, 2025
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Summary

Staff said ADU rules recently changed: family‑relationship requirements were removed by state law, the city has issued a small number of ADU permits, and city/state rules prohibit ADUs from being used as short‑term rentals.

The zoning officer told the council that accessory dwelling units (ADUs) have become legally permissive under state law and that the city has processed several ADU permits since July of last year. "We have had, I believe, 4 that have been granted an occupancy permit," Farmer said, and he estimated roughly ten more in various stages of permitting.

Farmer added that ADUs created under prior family‑ADU rules are now allowed as regular ADUs, but he emphasized a clear legal limit: "In no case does an ADU allow a short term rental. It is clear in the state code and clear in the code that we passed last year for Newport." He and other staff framed ADU adjustments as one element of a broader housing strategy while noting that state minimum‑lot rules still constrain where new ADUs can be created by new construction.