Lot Subdivision for a Nonstandard Use

A review of existing parcels platted prior to 1953 in Lincoln revealed approximately 100 properties with more than one dwelling to a lot constructed prior to the adoption of zoning regulations. Recent inquiries into subdividing these types of parcels has revealed challenges to meeting zoning and subdivision standards. Without the ability to complete the subdivision, the two to three dwellings per lot must remain together and do not allow the opportunity to split and sell them individually to increase home ownership.

In August 2022 a text amendment was brought forward to allow the subdivision of these pre-1953 parcels into multiple lots for each building without meeting requirements of Chapter 27.72 Height and Lot Regulations, including but not limited to minimum setbacks, lot width, and lot area and/or requirements of Chapter 27.67 Parking, to create a new lot for each building. The building(s) on each newly created lot will still be required to meet all applicable building and life safety code requirements for the new lot lines prior to final plat approval. The function of these lots will not change, there will still be two to three homes in the same location with the same setbacks and parking as exists today. It merely allows for the creation of lot line which allows for the sale of each dwelling individually.

The Planning Commission held a public hearing on September 7, 2022 and recommended approval of these changes. The City Council held a public hearing on September 26, 2022 and voted to approve the change on October 3rd. Therefore, owners with parcels that meet the requirements of the newly adopted language may be able to start a final plat process to subdivide their lot with multiple dwellings.

Checklist

While the recent text amendment makes it possible to subdivide a lot with multiple dwellings so each unit can stand on its own, there may be challenges or costs associated with life safety that prohibit the subdivision in the end. The following is a checklist of items to consider before starting the final plat process:

  • Talk with Building and Safety to determine what code requirements will be triggered by the new lot line(s). This may require additional fire-rating of walls, eaves, or even possibly window removal.
  • Make sure there are no concerns for any lien holders on the property if it is mortgaged as they will need to sign the final plat.
  • If there is only one address for the lot, additional addresses will be needed for each building upon subdivision.
  • Check the water and sewer services. If there is only one feeding all dwellings on the current lot, they will either need to be split so each new lot has a separate service, or LTU will need to grant a nonabutting agreement.
  • Determine how each new lot will have access to a street or alley. No new lots will be created without access.

Questions?

Contact the Planning Department at 402-441-7491 to talk with a planner.

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