Planning Commission approves ADU ordinance amendments with fee‑language amendment
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Summary
The commission approved amendments to Lincoln Municipal Code Chapter 18.37 to implement state ADU law, including new definitions, objective standards, reduced review timelines (to 60 days) and an amendment specifying that impact fees are charged proportionally only on the square footage exceeding 750 sq ft.
Senior Planner Efren Sanchez presented proposed amendments to Chapter 18.37 to align Lincoln’s zoning code with recent state legislation on accessory dwelling units (ADUs) and junior ADUs (JADUs). Key changes include universal terminology for secondary dwelling units, added definitions, clarified where ADUs are permitted, objective architectural standards, and reduced administrative review timelines from 120 to 60 days. Staff also proposed increasing maximum ADU size to 1,000 square feet (or 1,200 sq ft if under 50% of the primary dwelling) and clarified owner‑occupancy and deed‑restriction language.
Commissioners discussed practical consequences: Efren explained that state law prevents requiring replacement of off‑street parking when a garage is converted to an ADU, saying, "if you do convert a garage, then they're no longer obligated to, to produce off street parking." Commissioners pressed staff about impact‑fee proportionality for smaller downtown houses. Commissioner Reedy sought, and staff agreed to, explicit ordinance language that traffic and public‑facility fees for ADUs larger than 750 square feet be charged only on the square footage in excess of 750 sq ft so that small downtown homes are not disproportionately penalized. The commission moved, voted and recorded the motion as carried 6‑0, approving the ordinance amendments as amended and directing staff to forward the recommendation to City Council for adoption and state review.
