Accessory Dwelling Unit (ADU) Text Amendment

The Planning and Development Services Department is currently considering revisions to the conditions for allowing Accessory Dwelling Units in the R-1 through R-4 residential zoning districts. The City has engaged various community stakeholders throughout the process of crafting a proposed text amendment package. While there is no date set, the intention is for this item to be considered by the Planning Commission in the near future. More information about Accessory Dwelling Units, as well as the City’s proposed amendments to the municipal code can be found below.

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What is an ADU?

An Accessory Dwelling Unit (ADU) is a subordinate building or portion of the main building for use as a secondary dwelling on a residential lot. An ADU is a self-contained, independent living space that is incidental to the use of the main building as a single-family dwelling, with its own bathroom, sleeping area, and kitchen areas.

 

 

 

 

Why do ADUs matter?

ADUs have the potential to meet multiple community needs, especially related to housing availability and affordability. Overall, ADUs allow communities to more effectively make use of existing housing stock in established neighborhoods and create a greater number and wider variety of housing options throughout the community. ADUs can play a small but important role in serving Lincoln’s diverse housing needs by making smaller and less expensive units available to tenants. ADUs can also support housing affordability for current or aspiring homeowners by generating an additional stream of rental income for property owners with an ADU. Because many ADUs are not easily visible from the street, or may be integrated into the structure of the primary dwelling, they generally do not have a significant impact on the urban form of neighborhoods.

Nationally, one of the biggest champions for expanding ADUs is the AARP, because of the way ADUs enable seniors to age in place. ADUs can provide a nearby but independent living space for an aging relative to live close to family, serve as a dwelling space for a younger family member or other caretaker, or allow an aging homeowner looking to downsize to relocate to a smaller unit on their property while renting out the primary dwelling for additional income.

ADUs in Lincoln: Existing Conditions and Proposed Changes

Currently, ADUs are a conditionally permitted use on lots with single-family dwellings in the R-1 through R-4 zoning districts. This means that ADUs may be built on a single-family lot if they meet a list of eight conditions outlined in Lincoln’s Zoning Code. The first of these conditions is that the area of the lot must meet the required minimum lot area for a two-family dwelling for the zoning district the lot is located in. This requirement limits the number of lots that can legally accommodate an ADU, and at present only 24% of parcels in the R-1 through R-4 district could meet the lot size requirement. Barriers such as this have limited the proliferation of ADUs in the community.

The City of Lincoln is proposing a text amendment aimed at reducing some of the barriers to ADU creation. Among the proposed changes:

  • Amending the Lot Area Requirement. The proposed amendment would allow ADUs on lots that meet the minimum lot area requirement for single-family dwellings, as opposed to the current requirement for a minimum lot area for two-family dwellings.
  • Exempting ADUs from Accessory Floor Maximums. The proposed amendment would exempt the floor area of an ADU from being included in calculation of maximum allowable accessory floor area.
  • Clarifying the Ownership Requirement. The current code requires that the owner of the lot live on the property, either in the primary residence or the ADU. The proposed amendment would clarify that for the purposes of this condition, the owner of the lot may include a person with a controlling interest or who is the beneficiary of any legal entity owning the lot.
  • Adjusting Height Requirements. The proposed amendment eliminates the restriction that an ADU cannot exceed the height of the main building, while clarifying that if an ADU occupies the setbacks, it shall comply with the height regulations for accessory buildings.
  • Modified Setback requirements. Currently, all ADUs must meet the setbacks of the main building. Because accessory buildings are permitted as close as 2’ from rear/side lot lines, today ADUs are not permitted in many existing accessory structures. The proposed amendment would require attached ADUs to meet the setbacks of the main building, while detached ADUs would follow setback requirements for accessory buildings in the district, provided they are at least 60’ behind the front lot line. Additional proposed language ensures ADUs would not have windows or openings within 5’ of rear/ side lot lines.
  • Clarifying Short-Term Rental Conditions. The proposed amendment also clarifies that while an ADU may be used as a short-term rental, only one short-term rental is permitted on the premises of single-family lots.

 

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